2015-12-01 MinutesMeridian City Council December 1, 2015
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
December 1, 2015, by Mayor Tammy Rountree.
Members Present: Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis
Milam and Luke Cavener.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Josh Beach, Kyle
Radek, Mike de St. Germain, Perry Palmer, Jake Garro and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X _ Joe Borton
X__ Charlie Rountree X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
__ X_ Mayor Tammy de Weerd
De Weerd: Thank you for being here this evening. We will just launch right into our City
Council meeting. Again welcome. For the record it is Tuesday, December 1st. It's 6:00
o'clock. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance by Boy Scout Troop 62
De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. Tonight we will be led by
Boy Scout Troop 62. We have Kyle Smith, Ryan Butler, Corbin McLaughlin and Elan
Stubblefield-Allen. If those young men could come forward and we will wait for your
instruction on when to stand up.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by
De Weerd: Item No. 3 is our community invocation. Tonight we do not have anyone here
to lead us in that.
Item 4: Adoption of the Agenda
De Weerd: So, I will move to Item 4, adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
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Rountree: On the agenda this evening under Item 5-K the resolution number is 15-1100.
On 5-L the resolution number is 15-1101. And on 5-N the resolution number is 15-1102.
Item 7-A has been requested by the applicant to continue until December 15th, 2015.
And Item 7-G, the resolution number is 15-1103. On 7-I the resolution number is 15-1104.
And Item 8-A the ordinance number is 15-1665. And with those additions, Madam Mayor,
I move we approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda as noted. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of October 27, 2015 City Council Meeting
B. Approve Minutes of November 4, 2015 City Council Special
Meeting
C. Approve Minutes of November 10, 2015 City Council Workshop
Meeting
D. Approve Minutes of November 17, 2015 City Council Meeting
E. Christmas in Meridian 2015 Sponsorship Agreement Between
Mountain America Credit Union and the City of Meridian for a
Not-to-Exceed Amount of $1,500.00
F. Development Agreement for Approval: MDA 15-009 Trilogy
Subdivision by Viper Investments Located near the southeast
corner of W. Chinden Blvd and N. Black Cat Road.
G. Sanitary Sewer Easement between the City of Meridian and Leon
and LaRue Johnson Family Trust
H. Approval of FootGolf Addendum to Lakeview Golf Course Lease
I. Settlement and Release Agreement for the CVAH, Inc.
Bankruptcy Adversary Action
J. Approval of Task Order 10023.k to JUB ENGINEERS , INC. for the
“2016 MERIDIAN SEWER MASTER PLAN UPDATE” Project for a
Not-To-Exceed amount of $222,300.00
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December 1, 2015
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K. Resolution No. 15-1100: Resolution to Adopt 2016 Initial Point
Gallery Schedule
L. Resolution No. 15-1101: Authorizing the Destruction of Records
of the Community Development Department, Building Services
Division
M. Resolution No. 15-1102: Authorizing the City Clerk to Destroy
Certain Semi-Permanent Records of the Meridian Mayor's Office;
and Providing an Effective Date
N. Final Order for Approval: H-2015-0002 Woodland Springs
Subdivision by Woodland Springs, LLC Located Northeast
Corner of N. Locust Grove Road and E. McMillan Road Request:
Two (2) Year Time Extension on the Preliminary Plat for
Woodland Springs Subdivision in Order to Obtain the City
Engineer's Signature on the Second Phase Final Plat
O. Findings of Fact, Conclusions of Law: RZ 14-007 Southridge
Estates Subdivision by DBTV Southridge Farm, LLC Located
South of W. Overland Road Between S. Linder Road and S. Ten
Mile Road Request: Rezone of 3.05 Acres from R-15 to TN-R;
1.67 Acres from R-4 to R-8; and 0.83 of an Acre from R-8 to R-4
Zoning District
P. Findings of Fact, Conclusions of Law: PP 14-017 Southridge
Estates Subdivision by DBTV Southridge Farm, LLC Located
South of W. Overland Road Between S. Linder Road and S. Ten
Mile Road Request: Preliminary Plat Approval Consisting of 168
Single-Family Residential Building Lots and 329 Common/Other
Lots on 48.56 Acres of Land in the R-4, R-8 and TN-R Zoning
Districts
De Weerd: Item 5 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move we approve the Consent Agenda as amended, authorizing 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. Madam Clerk,
will you call roll.
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Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea .
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports
A. Other Government: FY2016 Budget Amendment for Various
Meridian Arts Commission Projects for the Not-to-Exceed
Amount of $40,946.00
De Weerd: Item 6-A under Other Government, we have Hillary here with us from the
Meridian Arts Commission. Welcome, Hillary.
Bodnar: Thanks. You guys have a busy night. I'm here to present the Meridian Arts
Commission proposed budget amendment. They are requesting 40,946 dollars. The
Meridian Arts Commission has been allowed to track their end of year balances which
show that they have been good stewards of both city allotted and donated monies. The
budget amendment in front of you is requesting spending authority for the purchase of
Out-On-The-Town by Daniel Borup, one of the proposals submitted for consideration at
the Fairview and Main public art call to artists. The second item that we are requesting
funds for is additional funds for training the commissioners on MAC and the final allocation
that we are requesting is to support five traffic box wraps in 2000 -- or FY-16. All of these
expenses would take place in FY-16. The total amount for each of those split out -- Out-
On-The-Town is 36,100 dollars. Training MAC requests 1,000 dollars. And the five traffic
boxes would be 3,846 dollars. And I'm here to stand for any questions you have
regarding that budget amendment request.
De Weerd: Thank you, Hillary. Council, any questions from Hillary?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Hillary, did you mention where the Out-On-The-Town was going to go, since it's
not going at Fairview and Main?
Bodnar: Oh, sorry. No, I didn't mention that. We want it to go on the City Hall plaza, out
near the sidewalk by the clock, between the clock and the lawn, but on the concrete out
there. So, it would -- it wouldn't have to tear up any existing grass or any of the existing
brick that's out in the plaza, and that way it's pretty accessible to both the street traffic, but
also the people walking by coming into City Hall.
Milam: Thank you.
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Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: Question. And I apologize for missing this. Why is it not going at Fairview and
-- any longer?
Bodnar: The Arts Commission recommended a different art piece for the Fairview and
Main intersection. This art piece received a lot of public -- a lot of positive public
comment, but one of the -- or many of the public comments were related to the scale and
the nature of the piece. They are lifesize children and they actually l ook like pedestrians
and so we thought them being at an intersection where it's kind of busier traffic, rather
than slower traffic and the scale of the site itself, MAC determined that a larger scale
piece might be better suited for that location, but because of all of the favorable comments
from the community MAC was led by City Council to follow up with the artist and see if
they would be willing -- or see if he would be willing to negotiate a lower price and that we
could make it an additional installation.
Cavener: Okay.
De Weerd: It was also viewed to be something that people would want to touch and this
brings it closer to the appropriate location for that type of art. Anything further from
Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Briefly describe the training. I don't think I understood that.
Bodnar: So, the training was requested as an additional -- we already had budgeted --
MAC has already budgeted a portion of their city allocated funds for training. They sent
five commissioners to the NoWPAC, which is the northwest regional art conference, but of
those commissioners that attended that conference actually thought that it would be
beneficial, now that they have got nine members, to bring in one specialized training -- like
professional in the industry of public arts administration to talk to the arts commission
about what that process is like and they did this I think it was two years ago and it was
about 900 dollars to bring in someone.
De Weerd: Okay. Anything further?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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Milam: I move that we approve the budget amendment for various Meridian Arts
Commission projects for the not to exceed amount of 40,946 dollars.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 6-A. Any questions or
discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bodnar: Thank you.
De Weerd: Thank you. I would let our audience in the back that do not have a seat know
that we do have an overflow in the conference rooms as you came through the front door.
It's just to your immediate right -- or your left as you walk towards the doors. You can
hear everything that's being said. We have the videotape on -- on the front, so if you
signed in to testify when your name is called you can make it to this room. At least it gives
you a place to sit down. So, if you would like to do so, we do have that for your
convenience and your comfort. So, just wanted to let you know you don't have to the
stand.
Item 7: Action Items
A. Continued from October 27, 2015: Shelburne Subdivision No. 1
(H-2015-0004) by Shelburne Properties, LLC Located 1/4 Mile East of
S.Eagle Road and North of E. Amity Road
1. Request: Final Plat Approval Consisting of Forty-Eight (48)
Building Lots and Twelve (12) Common Lots on 19.42 Acres of
Land in the R-4 Zoning District
De Weerd: We are under seven. Action Items. Item 7-A has been requested to continue
to December 15th. Council, that's certainly your -- your purview. Staff, anything you want
to comment on?
Watters: No, Madam Mayor.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: I move we continue Item H-2015-0004 to December 15th, 2015.
Rountree: Second.
De Weerd: I have a motion and a second to continue Item 7-A to December 15th. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing Continued from November 17, 2015 for Easy Jet
Subdivision (RZ 15-012, PP 15-016, and CUP 15-017) by Reginald
Jones Located 2750 S. Eagle Road Remanded back to P & Z
1. Request: Rezone of 6.55 Acres of Land from the R-4 to the R-
15 (4.93 Acres) and L-O (1.62 Acres) Zoning Districts
2. Request: Preliminary Plat Approval Consisting of Three (3)
Multi-Family Residential Building Lots, Two (2) Commercial/
Office Building Lots and One (1) Common Lot on 5.41 Acres of
Land in a Proposed R-15 and L-O Zoning Districts
3. Request: Conditional Use Permit for a Multi-Family
Development Consisting of Sixty-Four (64) Residential
Dwelling Units in an R-15 Zoning District and Office Uses in an
L-O Zoning District
De Weerd: Item 7-B is a public hearing continued from November 17th. It was not heard
at that time. It was requested to be continued until this date. I will open this public
hearing with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The applications before
you are a request for a rezone, a preliminary plat and a conditional use permit. This site
consists of 5.4 acres of land, zoned R-4, located to 2750 South Eagle Road at the
southeast corner of South Eagle Road and East Easy Jet Drive. A little history on this
project or this property. In 2002 a conditional use permit for a planned development was
approved, which conceptually approved offices and high density multi-family housing on
this property as a land use exception in the R-4 zoning district. Detailed approval of the
planned development through a conditional use permit was required prior to development.
There were no restrictions on the number of units, square footage of structures, building
height or number of stories that could be constructed. Of the 11 office, multi-family lots
that were approved for such uses to the north of this property across Easy Jet and also on
the subject property, only the subject parcel remains for such uses. The other seven lots
were approved through two separate conditional use permit modifications to develop with
single family homes and a self-service storage facility. The applicant has requested an
application for a rezone of 6.55 acres of land from R-4 to the R-15, which is 4.93 acres,
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and L-O zoning, which is 1.62 acres consistent with the mixed use community future land
use map designation and the uses approved with the planned development. This is a
copy of the future land use map. The brown indicates the mixed use community land use
designation. A preliminary plat is requested for three multi-family building lots, two
commercial office building lots, and one common lot on 5.41 acres of land. Two accesses
are proposed via East Easy Jet Drive, one to the office development and one to the multi-
family development. Cross-access between the properties is also proposed. No access
via South Eagle Road is proposed or approved. Staff recommends a cross-access
easement is provided to the property to the south on the L -O zoned property, which is this
area right here, for future connectivity and to reduce access points to Eagle Road. A
minimum 25 foot wide landscape buffer is required along Eagle Road and a ten foot wide
buffer is required along East Easy Jet on the L-O zoned property. A 25 foot wide buffer is
required on the L-O zoned property to the residential property to the south. A solid vinyl
fence with lattice top exists along the southern boundary of the L -O portion of the site on
the adjacent residential property. The Commission recommended matching fencing to be
installed along the remainder of the southern boundary of the site. A solid vinyl fence
exists along the east boundary of the site and a chain link fence exists along a portion of
the north boundary that will be removed. The Commission recommended vinyl fencing be
installed along the common areas adjacent to Easy Jet to enhance safety for children.
Sidewalks exist along the street frontages of this site. Staff recommends a pedestrian
pathway stub is provided at the south boundary of the multi-family portion of the site for
future interconnectivity between developments. This is a copy of the most recent site plan
that was submitted and, again, the vehicular cross-access is proposed right here where
my pointer is and, then, the pedestrian connectivity should be provided somewhere in this
area. A conditional use permit is requested for detailed approved of the office and multi-
family development as required by the previously approved planned development that
conceptually approved offices and multi-family development on this site and as required
by the UDC for multi-family developments in the R-15 zoning district. Since the
Commission hearing, based on their recommendation, the applicant has submitted a
revised site plan as shown that depicts three two story structures, rather than the one two
story and two three story structures originally proposed. The office portion consists of two
buildings, 5,600 square feet in area that front on Eagle Road. The number of dwelling
units in the multi-family portion was reduced from 64 to 48 with a mix of one, two, and
three bedroom units. A 1,620 square foot clubhouse with exercise facility and children's
play structure and a large open grassy area are proposed as amenities. Approximately
half an acre of qualified outdoor common open space and 80 square foot of private usable
open space is proposed for each unit consistent with UDC standards. With the revised
plan the number of parking spaces were reduced and open space was increased. On
street parking is proposed in excess of UDC standards. Conceptual building elevations
were submitted for the multi-family structures and clubhouses, but not for the garages,
carports, or office buildings. Construction materials for the multi-family structures consists
of horizontal hardy plank lap siding and vertical hardy board, board and batten siding, with
rough sawn stained wood detailing, in a combination of three different colors on each
building. Materials for the clubhouse consist of the same types of siding with the addition
of stone accents on the columns. Staff recommends stone masonry accents are applied
to 50 percent of the available wall length at a minimum height of 24 inches on the -- are
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added to the façades of the multi-family structures and clubhouse visible from the street to
match the front elevation of the clubhouse and compliment adjacent residences.
Summary of the Commission public hearing. Lisa Bachman testified in favor. There were
several people that testified in opposition. Those are listed in the public record and in the
recommendation document. Again for the written testimony same thing and all written
testimony is included in the public record. The key issue of discussion by the Commission
was the appropriate density and building height for this site. Commission changes to the
staff report. At the request of staff the Commission added a condition that vinyl fencing be
installed adjacent to the common areas abutting Easy Jet to enhance safety for the
children playing in the open lawn and playground areas. To include a condition that limits
the building height of the apartment structures on the site to two story and the inclusion of
a condition requiring fencing to be installed along the southern boundary of the site to
match the existing fencing. There are no outstanding issues for Council. Again, written
testimony has been received since the Commission hearing and it is all part of the public
record that you have been copied on. The Commission recommended approval of the
proposed applications per the staff report, with the changes previously noted. Staff is
requesting a modification to condition number 1.1.10E and it is noted there on your outline
as follows: The multi-family stairwell shall be integrated with the building design and
provide residents protection from the weather. Internal circulation and stair wells to
access individual units are encouraged. This is straight out of the design manual. Staff
will stand for any questions the Mayor and Council may have.
De Weerd: Thank you. Council, any questions for staff at this time? Council, I did want
you to know I have talked to several of the neighbors as I knocked on doors in October.
So, we talked about process. I also had a couple neighbors come to a town hall that I
hosted. So, just wanted to put that on the record. Okay. I will ask if the applicant is here
and would like to come and make comments.
Bachman: Thank you, Mayor and Council. For the record Lisa Bachman with JUB
Engineers. Address 250 South Beachwood Avenue, Suite 201, Boise, Idaho. 83709.
De Weerd: Thank you.
Bachman: Get the PowerPoint. Don't we love it when it makes that sound?
Watters: Yeah. What?
Bachman: The beeping. Am I able to change the slide?
Watters: Select a color at the top and, then, you can advance it. Or write on it.
Bachman: I also have Kristi Watkins here. She's a planner that's worked on this project
and was also involved in the neighborhood meeting. Scott Wonders was the project
engineer and he's actually not here tonight, but, hopefully, we can answer any questions
that you might have. So, some topics tonight that I'd like to discuss -- I'm going to go
ahead and go over the conditions of approval. I think staff did a really good job in
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outlining that, so I don't want to reiterate too much, but I will go over those. Also I'd like to
make two additional points about the project, then, stand for any questions. As staff had
indicated, the Planning and Zoning recommendation was for approval with some
conditions. Regarding the stair wells, we had requested that they could be -- did not have
to be internal to the buildings, as long as we put in some decorative treatments around
there and they seemed okay with that and staff modified that -- that condition of approval,
so we are good with that. They also requested that we -- or recommended that we reduce
the buildings to two story maximum and we are amenable to that. We have submitted a
site plan with that change and also installation of the vinyl fencing in the location that staff
had indicated and they are both outlined here in the PowerPoint. So, the two points that I
would like to make tonight is that this project is a high quality development. It fits within
the neighborhood esthetically from a building form standpoint, a color standpoint. We
have improved the project based on both the neighborhood concerns, staff concerns and
also Planning and Zoning Commission recommendations. So, a little bit about the high
quality development. As staff has indicated and as you have seen in your staff report, it's
a mixed use project. It implements the city's Comprehensive Plan, complies with city
code, it fits into the Eagle-Overland area where you see a lot of commercial development
and mixed use, housing, offices, those types of things. It provides a nice living space for
empty nesters, retired folks, and people looking for convenient living options. We
provided ample open space and amenities within the project. It exceeds the minimum
required open space, nearly double of what is required for the density that we are
proposing, as your staff report shows and staff has outlined. We are providing open
grassy areas, courtyards for shared use, a transitioning area between the commercial and
the residential area courtyard, to kind of bring that together and, then, a common play
area with a clubhouse and also a fitness center. And, again, ample parking that exceeds
the minute requirements. This slide just shows the elevations, which you have already
seen. This is from the three story, which actually will be two story, so I wanted to make
that note on this. But we will be providing stone accents with earth tone colors, matching
trim styles. Landscaping around the foundations to fit within the -- the neighborhood and
throughout the development. Going into the improved project based on neighborhood and
P&Z input, we had two neighborhood meetings for this project dating back to summer.
The initial proposal when we first started out with this project was for 76 units. We didn't
ever submit that to the city, but that's conceptually what the project started out as. In
calculating the density based on the overall project, since it is a mixed use, we were
thinking we could get that many units out of it, but after the first neighborhood meeting and
talking with staff and looking at it very closely, we went ahead and reduced that down to
64 units and that's what we went ahead and proposed at the Planning and Zoning
Commission meeting and it did include three story buildings, as well as two story
buildings, with the two story buildings adjacent to the Sutherland Farms Subdivision. But
tonight, as staff has indicated, since the Planning and Zoning Commission meeting and
what we are proposing tonight is for approval of 48 units, which brings us down to 11.29
dwelling units per acre and that we would still maintain the two commercial lots. We have
brought this density down quite a bit from the original proposal. The development now
includes two -- it's all two story multi-family buildings, so there will be three total and also
the additional fencing. Just a few points here to point out. I think staff briefly went over it,
but to go in a little more detail, the required open space is 16,000 square feet. We are
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actually providing 39,000 square feet with the new site plan. The required parking is 90
spaces with 48 covered and we are providing 115, with 70 covered spaces, required
bicycle parking and this is just for the multi-family area -- is eight spaces and we are
providing 20. For the commercial, two one story commercial buildings. They are about
5,600 square feet apiece. And, again, the required parking is 25 spaces, we are
proposing 56. The bicycle parking required at four we are providing ten. Well, that was
quick and easy now, wasn't it? So, with that I will stand for any questions that you have.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Lisa, the staff report indicates that their recommendation is to provide masonry
to the front of the dwellings and are you amenable to that?
Bachman: Yes.
Rountree: Okay. Thank you.
De Weerd: And -- can you hear in the back? Okay. So, Council, if you would, please,
pull your -- your microphones and eat them. Okay. Any questions at this point? Thank
you very much.
Bachman: Thanks, Mayor and Council.
De Weerd: We had a number of you sign up to -- to indicate your support or opposition.
When I read your name if you would like to provide testimony at that time I would invite
you forward. If you would not like to , I will indicate how you indicated on the paper and so
just to say I probably will mutilate some of your names. So, I apologize in advance. Fred
Thompson signed up against. I'm glad we started with a name I can say. Thank you for
being here. If you will, please, state your name and address for the record.
Thompson: Thank you, Mayor and Council. My name is Dr. Fred Thompson. My wife
Sandy and I have lived at 2853 South Nephrite in Meridian, 83642, for the past ten years.
De Weerd: Thank you.
Thompson: Having purchased our home in the area, because it fit our lifestyle. The
proposed development lays just three houses to our north and I want to make three points
I believe, in my opinion, that the project as proposed is incompatible with the present
character of the surrounding neighborhoods, which are single family, maximum two story
residences. The second one is despite the assertion in -- in the Planning and Zoning
meetings that ACHD has approved the -- the traffic flow, I think that they -- they must have
been looking at a different property, because when the new signal light at Eagle and Easy
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Jet was installed in conjunction with the widening of Eagle, we had a highly increased
amount of traffic being diverted through our -- through the Sutherland Farms Subdivision,
causing there to be a necessity for a -- some temporary speed bumps on both my street
on Nephrite, as well as Bay Star, and that -- people are -- have a tendency, if they run into
a roadblock, to go around that roadblock and in this case going around the roadblock
includes passing through Sutherland Farms. Either they are going through Sutherland
Farm, taking Knapp Avenue over to the Silverwood complex or moving on -- straight on
through to Muir Woods Subdivision or turning south on Bay Star and ended up on Victory.
The traffic generated by the addition of this proposed multi-family housing will exacerbate
the existing traffic conditions. Right now traffic often backs up at the corner of Easy Jet
and Eagle during -- during going to work and coming home times. The third point that I
want to make is there exists the possibility, given the structure of the property, that future
owners of the proposed development could, in times of economic down turn, choose to
request a change of status to allow conversion of their property to HUD housing, with the
attendant loss of nearby property values. Council, you have it in your power to deny this
-- this request if you will and we ask that you do so. Thank you.
De Weerd: Thank you, Fred. Albert Castagnola.
Castagnola: Castagnola.
De Weerd: There you go. Thank you for being here. If on the record you will state your
name and address.
Castagnola: Albert Castagnola. 2611 South Tristram.
De Weerd: Thank you.
Castagnola: Thank you, Mayor, Council. I believe that this is a travesty, because we are
talking about increasing the density of this R-4 zoning and the increased density is to the
profit of the property owner, who has a right to a profit, and a decrease of the value of
hundreds of homes and, of course, the decisions made here should be made the greatest
good for the greatest number of people and we can't have this development under those
conditions. This -- this decision should have been made prior to the last election and it
was postponed and postponed until we are here now after the election. I believe that I
would have had greater faith in the outcome had it been held -- had the decision been
made prior to the election and not impugn anyone here. I'm sorry if you think I'm doing
that. There is going to be people from this new development as proposed would be trying
to use the park, which is a private park in the subdivision and the Meridian Police
Department will be getting many phone calls to that area for something that should never
occur. It's a problem that could be avoided just by denying the request to change from
R-4. The R-4 development does allow a profit for the developer and it was acceptable to
the developer -- to the owners of that property at the time that the zoning was made
originally. So, I see no reason why it should change now and thank you for your time.
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De Weerd: Thank you. Ed Williams signed up against. Okay. Thank you, Ed. Nadia
Pippin? Thank you. Signed up against. Elizabeth Criner. Good evening. If you will,
please, state your name and address for the record.
Criner: Thank you, Mayor, Council Members. My name is Elizabeth Criner and I own a
home at 4173 East Raja Drive, Meridian, Idaho. 83642. In the Sutherland Farms
neighborhood.
De Weerd: Thank you.
Criner: I'm here to speak against the proposal as it currently exists. I still think that there
are some additional changes that could occur to address concerns of residents who own
property around the parcel. One of the things -- and I actually had a bunch of notes that I
had put together and I think I'm going to speak a little bit extemporaneously, because I
think one of the challenges with all of this is -- I built a home in the neighborhood. I
bought the property, I looked into the neighborhood CC&Rs, the HOA, I did my due
diligence. I looked online to see what I could find about what would happen with that
empty property, because it sits at the front of our neighborhood and the only thing that I
could find -- and I am not a development expert, but what I found was R-4. What my real
estate agent was able to determine was what the game plan is, they are going to do more
small business commercial development out there probably or maybe more patio homes
and I think even when you try to do your due diligence, the fact that all of these changes
can occur once your investment is made and your home is built down the road that will
impact your decision, your lifestyle, your investment, and for most of us this house -- the
house that we own in this neighborhood is the single largest investment that we have and
I think that's why you see the kind of concern that you do. This parcel is an integrated part
-- it's at the entrance of our neighborhood, it's not across the street, it's not down at the
corner, it is literally the entrance to our neighborhood and as such, you know, I personally
think that if anything moves forward it needs to be integrated with the requirements that
we all had to fulfill for building our homes with respect to the types of color and siding and
stone, et cetera. Also I'm very concerned that if you all decide to approve this change to
R-15, that suddenly six months from now the developer decides, well, we are going to
make some more changes and if there aren't enough appropriate conditional requirements
for it, that we will, again, be seeing three story buildings, that we will, again, be seeing
additional buildings potentially on the property and reduction of any sort of transitional
barriers between the single family homes, the agricultural parcel, et cetera. And so I
would just ask that as you go through this that you keep those things in mind and insure
that whatever is approved -- because we have got a better situation than we started with,
but that we don't see six months from now suddenly additional buildings, higher buildings,
and other changes that, again, take us further down the road of degrading what I felt was
a great neighborhood when I bought my property and hope it stays that way. Thank you
very much. Appreciate the opportunity.
De Weerd: Thank you. Charles Carlson signed up against.
Carlson: I am Chuck Carlson and I live at 2706 South Petty Avenue in Sutherland Farms.
Meridian City Council
December 1, 2015
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De Weerd: Thank you, Charles. If you will pull the microphone a little closer so your
neighbors can also hear you.
Carlson: Can you hear me now?
De Weerd: Yes.
Carlson: Can you hear me now?
De Weerd: Thank you.
Carlson: I would like to touch briefly on two subjects, livability and expectation. Livability.
Idaho is a great place to live. Livability is what convinces companies to bring their
business and employees to Idaho. There is a common city government view that
residential costs our local city money and commercial makes our city government money.
City governments chasing high density projects for tax revenue in homeowner
communities not only decreases the livability of the communities, it also decreases
property values. If you approve this proposed project, you will be killing the golden goose
that lays the golden eggs. Expectation. The homeowners is Sutherland Farms,
Sutherland Downs, Muir Woods, Thousand Springs had the reasonable expectation when
they purchased their homes that the surrounding areas would be developed in a manner
that would enhance the livability and property value of their investment and the
homeowners of the properties between Easy Jet and Victory on Eagle had a reasonable
expectation to enjoy their properties without the encroachment of high density multi-family
and commercial projects. Did you know that there are already several individual
homeowners along that stretch of land? And the owner of the proposed Easy Jet project
has a reasonable expectation to develop his property. He knew it was zoned R-4 when
he purchased the property, just like the homeowners in the surrounding neighborhoods
knew the zoning of their property when they purchased, just like the previous speaker
said, and the owners of the surrounding properties has a reasonable expectation that
other property owners will not develop nor maintain their property in a manner that
deceases their livability or property value. It is reasonable for surrounding homeowners to
expect the Meridian City Council to conduct themselves in a manner that is best for the
community, not just one developer. Zoning codes were written several years ago.
During that time the City of Meridian and the local communities have grown. It is far past
time for the zoning to be reviewed and updated to reflect the wants and needs of the
current citizens and communities. You, the City Council, now have the opportunity to
make this right. Please, no apartments on Easy Jet and keep the proposed Easy Jet
project zoning at R-4. Thank you.
De Weerd: Thank you. Emil and Linda Berry signed up against. Thank you. Joanne and
Charles. Good evening. If you will, please, state your name and address for the record.
St. Charles: Joanne St. Charles. 3482 East --
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December 1, 2015
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De Weerd: Oh, I'm sorry. I thought it was Joanne and Charles. I apologize.
St. Charles: That's quite all right. -- Yesternight Street in Meridian and I'm speaking for,
myself and my husband and my neighbors Kathy and Vince Licari and I have some
illustrations. I'm not sure how to -- how to use this machine. But the Sutherland Farms
planned apartment was conceptually approved with office and multi-family housing in
balance, with a land use exception in the R-4 zoning district and that was under a different
code at the time, but at that time the developer was specific about where the multi-family
housing was proposed, saying specifically in the eastern end of the office area adjacent to
the townhomes, which would be in here. Okay. That was consistent with the City of
Meridian Comprehensive Plan, because it did allow for a buffer -- these townhomes were
a buffer between the residential area and what would be these multi-family homes. And,
then, down here where we are proposing to build the apartments now was another buffer
to the single family residential and that was going to be light office commercial. Okay. In
2004 the developer -- and there is a second illustration -- oh. So, in 2004 the developer
amended the plan seeking to achieve density goals by adding 47 more R-8 density lots.
So, he more than doubled the R-8 density at that time and he got a special variance to
reduce the minimum land area frontage required in an R-8 zone and at that time the
developer's application said -- and I quote: No other variances or waivers are required or
requested and so they had a special deal under City Code 12-6-3 from 2002 and it seems
to me they already exercised that . This design also met the City of Meridian
Comprehensive Plan, because it still included a buffer for the single family homes and
these served as a transitional area between the commercial and single family. So, now
the Planning and Zoning Commission's recommendations to limit the apartment to two
stories is helpful, we still feel that an apartment complex in this location conflicts with the
City of Meridian Comprehensive Plan in these ways: Mixed use areas are typically
developed under a master conceptual plan during an annexation or a rezone request,
which was the case here as well, but the area now proposed to have apartments had
been planned as an office area, which would have provided and transitional buffer to
those single family homes. The location that had been excepted for the proposed multi-
family has already been used at this point. The City of Meridian plan states: Within
residential areas the following policy shall apply. In residential areas the density can only
be changed to one step and we have gone from R-4 directly to R-15 without a transitional
buffer in between. The City of Meridian Comprehensive Plan has a number of figures that
demonstrate substantial buffers between R-4 and other uses. If you scroll down, I believe,
there is an example. This is just one of the examples to see how they use the local
collector road as a buffer and to quote the City of Meridian Comprehensive Plan, alleys
and roadways shall be used to transition from dissimilar land uses and between
residential densities and housing types. The City of Meridian Comprehensive Plan states
that the purpose of mixed use community designations is to allow areas where community
serving uses and dwellings seamlessly are integrated into the urban fabric. Building a
complex immediately next to single family residences without a transitional buffer doesn't
serve the community or integrate seamlessly. There is little in the way of any commercial
services in this area -- this immediate area without accessing Eagle or Victory or
Overland. There are no grocery stores for miles. There is no transit service. So, putting
a high density
Meridian City Council
December 1, 2015
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R-15 development in this location where the only access to the arterial is by making a left
to Easy Jet at a point where the traffic is already queued up to Eagle Road is going to
force those residents to make a right and travel through the existing residential streets,
which weren't designed to handle arterial traffic and don't provide visibility and safety
needed to handle that traffic. And, finally, the last -- if you would scroll up one, please.
Back up one. The last point I wanted to make is that this decision is going to set a
precedent and there are 14 homes that stretch along that unplatted land and so if we -- if
we put apartment buildings here, I'm concerned that they are going to continue to stretch
along the back -- the backyards of those 14 homes. We knew the remaining land was
R-4. We knew that it had been part of the initial overall development to be planned to use
as light office and we knew that the City of Meridian had a requirement for transitional
buffer to protect our quality of life . So, we ask that you, please, not make an exception to
Meridian's published design to the detriment of an established community and the
community surrounding it.
De Weerd: Thank you.
St. Charles: Thank you.
De Weerd: Al Chelli signed up against.
Chelli: You're close.
De Weerd: Now you know why I prefaced my -- my introduction with I apologize in
advance.
Chelli: No apology needed.
De Weerd: Thank you for being here. If you will state your name and address for the
record.
Chelli: My name is Al Chelli. I live 2799 South Nephrite in Meridian and it is the neighbor
to this new development. I have a lot of concerns. I agree with everything that everybody
has said tonight so far, but my concerns are the noise, lighting, and possible parking
problems that will occur on Nephrite. From what I have seen of the schematics, I have not
seen what the wall will be like separating my property from the complex. If I had a say in
it, I would like to see an eight foot masonry wall, which would be a good sound barrier
between my property and theirs. Two. The lighting. Bedrooms in my home are in the
rear and if I'm going to be disturbed all night or have to buy blackout shades in order to
keep the light out, I don't believe that's fair for to me as a homeowner. You know, my wife
and I we looked around, I checked to see what the zoning was for that property before I
bought this home ten years ago and it was R-4 and as far as I'm concerned it should
maintain that at this point. I believe I am the most affected person on this property so far,
so with that I thank you.
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December 1, 2015
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De Weerd: Thank you for being here. Joan Rocha. Signed up against. Thank you for
being here.
Rocha: My name is Joan Rocha.
De Weerd: Rocha.
Rocha: And I reside at 3788 East Girdner Drive, Meridian, Idaho, and I have these
concerns. The original Sutherland Farm planned development was approved and
intended to provide 19.4 acres of offices. This met certain goals that were stated and
included within the development agreement dated November 4th, 2002, such as goal
three, to encourage the kind of economic growth and development which supplies
employment and economic self sufficiency for existing and future residences. Reduces
the reliance on Boise and strengthens the city's open space character. Goal nine. To
encourage a balance of land use patterns to insure that revenues pay for services. City
staff found that the 2002 planned development will bring additional employment
opportunities. The approved planned development provided 97 acres of residential
development and 19.4 acres of potential office development, which is 15.5 percent of the
overall project. In 2004 6.8 acres were removed from the office portion of the project and
included in the residential portion of the project with rezone 04-006. In 2014 an additional
4.8 acres of the potential office development were excluded from the Sutherland Farm
planned development for the Citadel storage facility. This leaves only five acres of
potential office development within the Sutherland Farm planned development, but only
1.5 acres is devoted to the construction of offices within the Easy Jet Subdivision. To date
there has not been one office constructed as part of the approved Sutherland Farm
planned development, with a potential approval of the Easy Jet conditional use permit the
promised 19.4 acres of offices is reduced to 1.5 acres of offices. The original ratio of the
15.5 percent office is now less than one percent of potential offices to provide economic
self sufficiency for existing and future residences. Should the City Council approve
building apartments in lieu of office buildings on the entirety of this property, the stated
goal three and nine in the approved 2002 planned development will no longer be met.
Approving the Easy Jet Subdivision conditional use permit will create a violation of the
existing approved and recorded development agreement for the Sutherland Farm planned
development. Does approving the Easy Jet project make the existing development
agreement invalid? It is the job of the City Council and city attorney to enforce existing
legal agreements that have been approved and entered -- they have approved and
entered into. Thank you for your time.
De Weerd: Thank you, Joan. Now, we printed on this, but I'm not sure what this printing
is. So, maybe it's Eugene. It begins with an E. So, Eugene? Hochhalter. Signed up
against. Thank you, Eugene. Deborah, his wife. Thank you. Signed up against as well.
Karen Spaulding. Signed up against. Thank you. Patricia -- I'm sorry. What was the last
name? Thank you for being here. Signed up against. Pam Judy. Signed up against.
Thank you. If you will, please, state your name and address for the record.
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December 1, 2015
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Judy: My name is Pamela Judy and I reside at 4046 East Raja Drive in Sutherland Farm
Subdivision.
De Weerd: Thank you.
Judy: Mayor and Council Members. Under Section 11-7-5C for planned unit
developments it states that the arrangement of uses and/or structures in the development
does not cause damage, hazard or nuisance to persons or property in the vicinity. We
find that it will cause damage to the adjacent property owners. They will lose their privacy
due to the close proximity of the apartment buildings to their property. These buildings will
have balconies that will look into their homes and backyards. This project is only requiring
a 15 foot setback to the south property line. That is the exact distance from where I'm
standing to where you're sitting. So, can you imagine what it would be like if you're the
homeowner in your backyard and these buildings are right there? Right there. And
imagine going shopping for a home with your life savings or a 30 year investment. Will
you personally choose a home directly adjacent to this apartment project? Keep in mind
that you will no longer be able to see sunsets from your home if these are built. But you
will see a large scale building and people on their balconies. If you were to buy this home
would you expect to buy it at a lower rate because of the buildings that are in your
backyard or would you choose to buy somewhere else where the community is not within
site of this apartment complex? You can see this project, if approved, would have an
impact on both the privacy, quality of life, and value of investments for the property
owners adjacent to this property, especially the home that is directly next door. Thank
you.
De Weerd: Thank you. Okay. I think this is Guy. It could be Gene Haw -- or Haws.
Might be in the other room. Signed up against. It could be. If you're close to a G and an
H come on up. Thank you for being here. If you will state your name for the record.
Howard: My name is George Howard.
De Weerd: George, thank you.
Howard: And I live at 4012 East Raja.
De Weerd: Thank you.
Howard: Officially I go on record against the project, but I realize that it's a -- it's a like
piece of property that needs to be developed. To see it right now it -- it looks pretty sad
and it is going to be developed in the future at some particular point and I would like to
thank JUB for reducing the size of the whole project. That does help out. My basic
concern is that if the project is granted to go forward, that you hold them to 48 units and in
their drawings they state the maximum height is 29 feet, four inches. So, under 30 feet.
Which is pretty compatible with the rest of the homes that are two story or single story with
a bonus room and I'd like to kind of hold their feet to the fire. They are requesting an R-15
and the density, as they state, is R-9, which is good. I mean I don't think you're going to
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December 1, 2015
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expect much more and if you had R-8, that's for -- like in Sutherland Downs, that's what it
would be. So, I would almost say why not drop it to R-8 and make an exception for the
extra person or two that's in the -- that's in the -- it goes over. It's only going to an R-9.
So, just something to think about anyhow. It's been mentioned a number of times about
the R-4 designation. We moved from an area that had almost the same problem. We had
an apartment complex built at the end of our road in a subdivision. Only two ways out and
we were on one of the roads. Okay? For the first four or five years, okay, pretty good,
more traffic, but doable. It's okay. It got worse and worse and worse and pretty soon the
police were there about, oh, I would say once a week, once every other week, and I got to
the point where I could spot detective cars and the fire station was there about once a
month and, then, the trash wouldn't be picked up and, then, vehicles started being
abandoned or left out and it kind of went downhill from there. The trash ended up being
on the street. Fast food wrappers primarily. And it got to be a real problem. So, we are
real sensitive to this. We did some research when we bought our house, because we --
on this issue. So, we went to the -- where most people go I think is to the tax assessor's
website, because you can see what the zoning is. Yeah. It's R-4. We looked at the
Silverstone plaza and the rest of the surrounding area. It l ooked pretty good. They were
at least reasonable. And I might suggest as a -- to help things out. I don't know how to
manipulate this. But on that website if you have a zoning -- it's not you, it's Ada County.
That it has R-4 maybe with an asterisk or a flume or some -- some designation by this
rating that tells you that, hey, what does this mean? So, you can carry it a little bit further
to find out, well, that could be R-15. That can be an apartment complex. That could be a
commercial business. Thank you.
De Weerd: Thank you, George.
Howard: Appreciate it.
De Weerd: Mary. Signed up against. Okay. Okay. Thank you. Gary Lee signed up
against. Thank you. Pat Minegar. Signed up against. Yes. Thank you. Marlene.
Signed up against. Minegar. Okay. Thank you. Yes. We know that. John and Renee --
Rebecca Tucker signed up against. Thank you. Fred -- with a K. Signed up against.
Would you like to come forward? Please. I'm sorry, Fred, I couldn't read your
handwriting. If you will just come on forward. If you will, please, state your name and
address for the record.
Kiperis: My name is Fred Kiperis. I live in 3415 East Quin Drive in Sutherland Downs.
De Weerd: Thank you.
Kiperis: And I was looking at this last revised site plan here and since we have started
this whole process it's changed two or three times already and I was kind of surprised to
see it again today -- instead of like 64 apartments, we have 48 listed on this plan here and
now there is two -- it looks like there is two common areas there along Easy Jet Road that
it doesn't appear to be a building other than maybe a clubhouse and what I'm looking at
this, it seems to me -- and I think the lady brought it up once before that the initial plan we
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December 1, 2015
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were going to see three apartment buildings going in here and, then, all of a sudden,
along Easy Jet, you know, when things get a going there is going to be changes made. I
mean -- and to me this is nothing but a -- you know, a camouflaged plan of what we are
actually going to be seeing here further down the road. You know, the developer, you
know, he knows how to play these games I'm sure and so you can see that all of a
sudden, you know, we are pacified now, because we see two of these empty big common
areas here, but there is nothing in those common areas that says that's the way they are
going to stay and so how do we know that if this site plan is approved by the Council that
this is the way it's going to end up? I mean how do we know that? Is there -- Councilman
Bird, do we know that that's the way it's going to end up? No. The answer is no.
De Weerd: Yes, we do.
Kiperis: You do? How do you know that these two common areas are going to be
common areas?
De Weerd: We will have our attorney address that and so he can explain when an
approval is made that's --
Kiperis: That's the way it is.
De Weerd: -- that's what they are entitled to.
Kiperis: Well, you know, I -- my wife and I have lived in different places and we have
seen that what was approved and what happens further down the road. It is not how --
how this whole thing works. You know, pretty soon there is changes made and all of a
sudden you will see another two or three story building popping up right there and then --
that's just the way it's worked in the past and so we just want to be sure that this is the
way it's going to end up. If you approve it that that's -- this is -- there will be common
areas here and not all of a sudden be another two or three story building popping up right
there in that empty spot, so -- you know, we also had -- my wife and I have concerns
about the traffic. There is significant traffic. It's already been brought up that the traffic --
and if you see right here all of a sudden we only have like the parking in spots when -- per
unit and -- and I'm looking at this and I'm thinking why is there so many parking spots over
there and -- because initially there was just one and a half per household and I think there
isn't anybody in here -- and I'm sure that you all -- that there is not one and a half cars in
your household. You know, there is more than one and a half --
De Weerd: Sir?
Kiperis: -- sometimes if you have children --
De Weerd: Sir?
Kiperis: -- there is one for each child.
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December 1, 2015
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De Weerd: Sir?
Kiperis: You know, you will have four or five or --
De Weerd: Fred?
Kiperis: Yes.
De Weerd: Can you summarize your testimony, please?
Kiperis: Okay. My testimony -- I'm just concerned that this is not the way it's going to end
up and -- you know. I want to be sure that if -- if you approve this plan that there will not
be two more apartment buildings going in there along Easy Jet in that common area.
De Weerd: Thank you.
Kiperis; You're welcome.
De Weerd: Robert Neilson. Signed up against. Good evening, Bob. If you will, please,
state your name and address for the record.
Neilson: Thank you for the opportunity to testify. My name is Robert Neilson. I live at
3508 East Quin Drive in Meridian and as you mentioned I am opposed to the Easy Jet
Subdivision as proposed. A two step increase to medium high density residential zoning,
R-15, with multi-family housing as proposed are not compatible with this small in-fill
development, which is directly about medium low density R-4 single family homes. With
this small property it's not possible to have transitional densities with the adjacent
residential neighborhood and the site plan does not have an adequate landscaping buffer.
More desirable will be to do something with the entire property where it might have
professional offices or services or to rezone the property so that it could look at something
like R-8 residential properties, say patio homes, townhomes or condos. These options
would provide jobs and/or services to the local area consistent with the original plan for
Sutherland Farm development or medium density housing more consistent with the
existing residential area. The developer is finally listening to the residents' concerns and
the unanimous recommendation of the Planning and Zoning Commission to eliminate the
three story multi-family buildings and to lower the number of dwellings to 48. This is great.
It reduces the scale, the building mass, and the dwelling unit density, but it doesn't
completely eliminate neighborhood concerns as you're hearing, although it is a step in the
right direction. I would like to see something different, but what I would like to also ask is
that if the plan as presented tonight is accepted, that you should also require that the
residential buildings on the east end of the property conform with the design appearance
of exterior materials in the existing neighborhood. For example, you heard that we are
talking about two foot high stone at 50 percent of the front area. I believe in the housing
developments the requirement is four feet high. I ask that you also require substantially
more than the number of parking spaces the city code requires. Since with nontraditional
occupants, where two bedrooms -- where bedrooms, excuse me, are often subleased to
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December 1, 2015
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save money, two bedroom apartments can usually have four vehicles associated with it
and despite the statement that Lisa Bachman made in the beginning where the number of
parking spaces are almost doubled, the actual increase in parking spaces from 115 to 171
for both the commercial and residential properties is an increase of 48 percent, where the
increase was doubled in the commercial side, but not in the residential side. Still this is a
substantial increase in the number of parking spaces, but it's also consistent with what we
have been hearing from the developer in neighborhood meetings and the Planning and
Zoning meetings where we hear things that are partially correct, but not a complete
reflection of the truth. Finally I would ask that you require a staffed on-site maintenance
office for the apartment complex. Thank you for your consideration.
De Weerd: Thank you. Ken Morey signed up against. Okay. Joy Morey signed up
against as well. Cheryl Freman. Signed up against.
Freman: Hi. I'm Cheryl Freman. I live at 3511 East Shergar Court. I'm right on the
corner of Bay Star and Victory Roads. We have so much concern about the traffic on
Victory Road. It's backed up. We can't get in our subdivision, either section of our
subdivision and it's just hard to get in there, so -- and with the traffic and with all the kids
coming in -- I have problems with the kids, too, so -- but they will be coming my way from
Easy Jet and coming through our subdivision. So, it's just going to make it really bad for
our subdivision. Thank you.
De Weerd: Thank you. Paul and Kathy Hosford. Signed up against.
Hosford: Good evening. My name is Paul Hosford. I live at 2711 South Knapp adjacent
to Easy Jet in the Sutherland Farm Subdivision. I'd like to talk about the precedent this is
setting for South Eagle Road south of the Silverstone plaza. This will be the first high
density that I can imagine on South Eagle Road. What kind of precedent is that going to
be for the rest of the lots here. You're opening up a traffic bottleneck -- and yet another
bottleneck in Meridian and you have to stop this here. The solution for this density -- to
place this is right down the street. It's Overland. It's Franklin. You widened Franklin. You
have these lots. On Overland there is corn fields that are for sale right now that have the
services, that have the -- that have businesses that want the traffic, not South Eagle. This
is just going to be a bottleneck. You know you're going to put this development in there,
you will see 48 units -- you're going to keep adding 48 and 48 and 48. They will continue
on down. This is the time to stop it. This is the place. Be bold. Make the call here.
Thank you.
De Weerd: Thank you. John and Nancy Beaudreau. Beaudreau. Yes. Against. I
figured you would come forward and share that. Thank you for being here. If you will,
please, state your name and address.
Beaudreau: Yes. My name is John Beaudreau. I live at 2727 South Halo Place.
De Weerd: Thank you.
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December 1, 2015
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Beaudreau: And one of the things listening to all of this is I heard the word several people
objected to that. Well, you know, I deal with words a lot in my prior careers and several
means two, three, four, five, not hundreds that have been against this right from the start.
So, when you start using words like several, that diminishes us and the whole community.
Why don't you put the number of people that actually are against it versus the number that
are for. Then we have an idea of the numbers, the several verses the one or the many or
what. That's my first point. The other point is when we bought not too long ago -- let's
see, six, seven months ago -- we bought because it was zoned R-4. If we would have
known, then, that it was zoned for something else, but the record said R-4, which meant to
me that there would only be four homes per acre and now it's 15. It was more. Well,
where does the buffer zones go, which you require to have buffer zones. Those went out
the window. Even your planned development plan said R-4 and now you're going to
change it to R-8, R-15, R-300 -- we don't know. You keep changing everything when it's
convenient. That's all I have to say. Thank you.
De Weerd: Thank you. Elaine Anderson signed up against. Thank you. Bruce Waag.
Yes. Signed up against. As did Linda. Thank you. Casey Butterfield signed up against.
Okay. Erik Gabrielson. Signed up against.
Gabrielson: My name is Erik Gabrielson. I reside at 4231 East Easy Jet Drive, Meridian,
in Sutherland Farm. I'd like to thank the Council and the Mayor and the staff for allowing
myself and others to speak on the Easy Jet apartments. I'd also like to thank everyone for
their service to the City of Meridian and to our community. My wife and I live near the
corner of Easy Jet Drive and Tristram Way. Easy Jet is a main street through Sutherland
Farms and we are less than a block away from Hollandale, which connects our
subdivision with Muir Ridge Drive. Our immediate concern with building of the proposed
apartments is the increase in traffic that will be generated by this complex. It is not
unreasonable to estimate that there will be at least two cars per apartment unit. With the
latest platting of 48 units that would equal 96 cars. It is also not unreasonable to assume
that there will be at least one trip through our subdivision each day. That alone will be a
use increase in the traffic to our subdivision and in Muir Wood as well. If apartment
residents are going to the grocery store or just heading towards Boise on Overland, they
will come down Easy Jet, turn on Hollandale and, then, down Muir Ridge to Cloverdale.
People don't like to wait long at the light at Overland and Eagle Road, so unless they are
going to the freeway or heading north on Eagle or heading west on Overland, they tend to
choose an alternate route, which takes them through our subdivision. The fact that two
accesses to the development are via Easy Jet Drive also raises concern for the peak hour
traffic. With our current traffic intersection at Easy Jet and Eagle is often congested as
people wait to make the turn onto Eagle, apartment residents who have difficulty going
west on Easy Jet will choose to head east through our subdivision to access either Victory
to the south or Cloverdale to the east. They may utilize the entrance to the business park
on Pine Bluff to the north. There is tremendous amount of building currently underway on
both sides of Eagle between Victory and Amity. The traffic on Eagle will continue to
increase. As this occurs the congestion at Easy Jet and Eagle will increase at peak traffic
hours. We are very concerned that the big increase in the traffic from the apartment
complex could adversely affect our property value and affect our quality of life. We also
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have many children in our neighborhood who ride their bikes and scooters to Pepper
Ridge Elementary School. It is very likely that these children will encounter increased
traffic as they come down Easy Jet, turn onto Hollandale, on over to Muir Ridge. I was
very surprised to see that there is no concern from the Meridian Police Department.
There is no doubt in any of our minds that there will be a traffic problem rising from this
dense of a development. I think the impact has been underestimated. I am completely
against this project. Thank you.
De Weerd: Thank you. Carole Gabrielson. Signed up against. Good evening.
C.Gabrielson: My name is Carole Gabrielson. I live at 4231 East Easy Jet Drive and I'm
speaking against the proposed apartment complex. My husband and I have serious
concerns over the long-term impact this apartment complex will have on our
neighborhood. Within a three mile radius of Sutherland Farm there are 854 apartment
units. These units range from high end apartments with many amenities to low end units
with few amenities. The Easy Jet Apartments are towards the lower end of these units.
Those of us who have lived in the valley all of our lives have seen times when vacancy
rates for rental units drop to very low levels. This lasts for a period of time and, then, the
vacancy rates climb again. At the rate that we are building rental units in Meridian the
vacancy rates may start to climb sooner than we think. High end complexes in our area,
such as Gramercy Village, the Fields at Gramercy, and Red Tail Luxury Apartments will
weather the increases in vacancy rates better than lower end complexes, such as the
Easy Jet Apartments. Renters will choose to spend their dollars at complexes with many
luxury amenities. When apartment buildings are no longer profitable there are very few
available options. The owner can either lower the rates to appeal to lower income renters
or let the buildings deteriorate and use it as a tax writeoff. Neither of these options have a
desirable income -- outcome for our subdivision. We are fully aware that if this apartment
complex is approved the Meridian Comprehensive Plan will allow developers to put the
remaining acreage from Easy Jet to Victory into more apartments. The staff report asks
for several things to be added at the south end of the parking lot for the commercial
buildings and also at the south end of -- at the roundabout entrance for the apartment
complex. This is a clear indication that future complexes may be built. Those of us who
commute daily out of Easy Jet on Eagle know that traffic will be pushed into our
subdivision because of the gridlock. The property value of the homes on the main exit
routes will be impacted. The lot upon which the Easy Jet apartments will be built is a long
narrow lot with several homes on Nephrite in close proximity. There is no question that
the property value of these homes will be affected. When parts of this subdivision are
adversely affected it spreads to the rest of the subdivision. My husband and I have
already experienced this in our previous Meridian subdivision where we lived for 30 years.
We not only lost property value, but we lost our quality of life. When you lose the ability to
feel safe and secure in your own home you never want to experience it again. The City of
Meridian has an obligation to protect its homeowners. We pay property taxes. We
volunteer. We attend churches. Our children and grandchildren attend Meridian schools
and many of us work or have worked in Meridian. We have invested in this community
and we deserve to be protected from those who simply want to make a quick profit. Our
HOA expressed concerns about the fact that each apartment building is built on a
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separate lot and can be multiple owners -- and there can be multiple owners of the
complex. Lisa Bachman from JUB acknowledged that this practice is common. So, it
seems that this is likely to occur. We have some big concerns over how this is going to be
managed. We would like to have some say if this apartment complex is approved as to
what the requirements are for management. We are very concerned that improper
management could also affect our property values. Thank you for the opportunity to
speak.
De Weerd: Thank you. Alene Galyen. Signed up against. Thank you. Ken Galyen
signed up against. Noted. Bonnie Carter. Signed up against. Thank you. Clayton
Carter. Signed up against. Thank you. Jacob Mulkey. Signed up against. Thank you.
Glenda Morton signed up against. Welcome. Please state your name and address for
the record.
Morton: Good evening, Mayor and Council. This is -- I am Glenda Morton. I live at 2866
South Nephrite Way in Meridian with my husband Robert and I just want to go on record
as saying that we agree with everything that's been stated and in consideration of your
time and patience tonight I'm just going to skip a lot of what I was going to say, but I am
uniquely qualified to address one issue that has not been brought up. I am an apartment
building manager in Boise. I have managed that building for almost 20 years when it was
my parents' property and now my -- mine and my sisters that live in California. I do not
want to say one single thing about being young, because I used to be, but I know the
nature of apartment dwellers. To demean them would be wrong. But they are in a
different station in life. Their comings and goings are frequent. Their hours are varied. I
would say that many are college students. I have got grandchildren that are college
students. It's admirable and it's desirable. But when we stand here person after person
and talk about zoning and quality of life and the impact that a massive amount of people
on a small parcel of land is going to do for our community -- I'm here to tell you they are
telling the truth, because these young people don't have their whole life invested into their
homes. They don't pay homeowners insurance. They don't pay property taxes. I have
seen our tenants at our building race in and out of the parking lot -- they are not
teenagers. They are not all college students. They are young and it's just a completely
different lifestyle. It doesn't mean they have tailgate parties every weekend. Many of
them are young families, but I would challenge the assertion that they are empty nesters.
Most are not. Some may be. But we can talk about the compatibility of brick and mortar
and esthetics. What about lifestyle? Are we and Sutherland Downs, Muir Wood to be
thrown under the bus for the sake of this development? It's just a compatibility issue.
They are not wrong. We are not right. It's a bad blend. It's a bad mix and it won't wear
well. So, I ask the Council to, please, consider the fact that you're opening the gate to all
those other properties all the way from Easy Jet all the way down to Victory that will be
developed in a likewise manner and I also know the pressure that I get as a property
owner and manager of a multi-family unit development. The pressure to go into HUD
homes because of the needs of our community is great upon the property owner of this
type of development. We recently put two veteran people -- units open for veterans,
because we want to do our part. There is a need. But it's dicey and it deserves a lot of
consideration.
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De Weerd: Thank you, Glenda.
Morton: Thank you.
De Weerd: Jason Altinger. Alsinger? Signed up against. Sorry. Well, welcome.
Attinger: My name is Jason Attinger. I live at 2626 South Tristram Way. I just want to go
on the record for myself. My wife can't be here tonight. The house that I live at is actually
between my neighborhood Sutherland Farm and Muir Wood. So, I'm the single point --
Hollandale is the road that goes through my house -- or, excuse me, next to my house
and connects the two neighborhoods and the things I want to speak on real quick -- first I
want to thank everybody on what they said and I strongly agree with the -- the comments
from the neighbors -- the several neighbors -- the hundreds of neighbors here and there
are several neighbors that they had -- they couldn't make it tonight. I have seen a huge
amount of traffic since we started construction on 84 and, then, we had a little construction
going on with the other apartments that were just put on Overland. A lot of people cut
through the neighborhoods and I spoke to one of the officers last time I was here and he
came up to me after the last meeting because of the traffic situation, because a lot of
people run that stop sign by my house and my kids are out there playing. I put up an IP
camera so I can videotape it so when m y daughter gets hit when she's a teenager when
she gets rear ended or hit in the rear end as she's backing out after she's checked three
times, but we have proof for the insurance company that somebody did run that stop sign.
But I see lots of traffic and I totally agree with -- they are going to make a right out of there
and want to cut through by my house through Muir Wood to get out to the Overland area
or to Victory area, because that makes more sense than going up to Eagle and the light.
And they are not going to want to make a left. Everybody is making a left. There is a
bottleneck there during school hours, to and from -- you know, work hours. So, that's a
huge thing. So, that's the one thing I just wanted to point out. The next thing was a
precedence. The previous slide that you had with the -- all the homes going down around
-- or all the, quote, developing land -- I mean people already live there that weren't
developing -- I don't know, you know, that makes it sound better that you're taking
people's homes away from them, they are single family lots, and turning them into
something massive. You know, come into your neighborhood and knock down three
houses or four houses and build up 15, am I developing it or am I ruining your life. So, I
like how that word is thrown around. The last thing that I want to say is -- nothing against
Lisa. I know she's got a hard time. She comes in here and there is a compromise that's
being made, right? I mean I know the private -- or, excuse me, the property owner has a
right to develop that land. But the original intention was R-4; right? We all know that. So,
they have -- the only reason they have compromised, JUB, is because of the pressure of
the several people in this room, so they have gone down to 48. But it's a minimalist
attitude. It's not -- it's not -- they are not advertising high priced, high end fancy apartment
buildings, it's minimalistic. Anything -- any improvements they do it's just to satisfy us to
shut us up so you will pass it. Now, I ask you as an elected Mayor, as an elected Council
-- you know, I'm the district prescintman myself with the Ada County Republicans and a
military member. You represent the people. You represent these several people here
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and the hundreds of people that couldn't make it tonight. Make a decision in accordance
with what's on your website, what you preach, which is build the matter of community first,
Meridian and City of Meridian and the people. So, support them, support the greatest
good, support all these people and listen to what they are saying, not just one -- one
person's profiteering interest and one company's profiteering interest. Thank you.
De Weerd: I'm sorry. Please don't do that. No matter how great of a spokesperson he
was, I ask you to, please, refrain. And I will -- I don't know if I used the word several, but if
I did I apologize. Okay. Well, please, don't take that literally. I'm sure they did not mean
to minimize the -- the concern among the neighbors. So, please, allow me to correct that
and, you know, you don't need to quote it anymore. Tammy Eslinger. Signed up against.
Gary VanAcker. Aucker. Thank you. Gary, please, join us. Thank you for being here.
VanAcker: Thank you for making that clarification for us. My name is Garry VanAcker
and I live at 3967 East Raja Drive in Sutherland Farm and representing myself and my
wife. I'd like to thank City Council for your time and hearing us out tonight. I once heard --
and I will piggy back on this -- that for every single person who writes their elected official
or representative there are 10,000 people who didn't have -- who have the same view and
were afraid or who are afraid to speak up. I hope that with the presence tonight you take
that into consideration in your decision and recognize the neighborhood residents. Well, a
lot of work has been put into this -- put in by JUB Engineering. I believe that this high
density does not meet fit, form or function of our neighborhood. This not a not in my
backyard case, it is just not the right parcel for this project. JUB has tried to tell you that
this is a high quality building project. This is not true. Our request is a requirement that all
buildings and garages be composed of stucco and stone in greater than 50 percent
aggregate to better fit the neighborhood as our homes were required. I would like a
conditional requirement made such as the site plan be revised to allow for an entrance on
Eagle Road by modifying the site plan to restrict the business parcel from two buildings
down to one or increasing the size or duplex to allow for the entrance. This is like the
existing driveway from the existing residence that was there. The curb had already been
cut for that. I would love to address the concerns of the school impacts, traffic impacts,
safety impacts, lack of public transportation. However, from the Planning and Zoning
meeting they indicated it was not their jurisdiction or within their power to change these.
Please know that this is not true. Your vote is exactly the control to keep the type of
development -- this type of development and growth within a reasonable framework. This
is not reasonable for this parcel. Congratulations on being on Forbes fastest growing city
in America. Most companies that grow at exponential rates have an extremely high
probability that they will fail. They will outgrow themselves, meaning that they will fail.
Who will pick up the pieces five, ten, 15 years from now? Approving the request before
you is a recipe for disaster. I ask you tonight to reject this request as it is set before you.
If you approve it, please, require that no more than two story buildings be allowed as
recommended unanimously by Planning and Zoning. Maintaining an R-4 density greater
than 50 percent stucco and stone to meet the neighborhood, entrance on Eagle Road,
independent management offices to be required for each separate apartment parcel on
site with each building. Unless you restrict the subdivision of the apartment properties
and require them to be divided -- require them from being divided and maintained as one
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parcel. As a side note, do you know that buses drive through our subdivision to avoid the
main arteries, because they can't get through and I just want to -- one real quick thing.
We did have vandalism in our park this weekend. Somebody decided in the middle of the
night to drive their car or truck up through the park. We got -- you know, we are going to
have young kids, we are going to have teenagers. The density is too high. If you extend
that all the way to Victory at the same density, that's more density than our entire
neighborhood put together. Thanks for your time.
De Weerd: Thank you. Timothy Norris. Signed up against. Do we have anyone in the
other room? Yeah. Can you? Michelle Skelton. Signed up against. Art and Pam
Voorhis. Signed up against. Okay. Thank you. Catherine Valent. Signed up against.
Thank you, Catherine. Jenny Staples. Signed up against. Thank you. Brian Parker.
Signed up against. Thank you. Gene Montgomery. John. I'm sorry. John.
Montgomery: Usually my handwriting is pretty legible.
De Weerd: It might be my eyes.
Montgomery: Good evening, Mayor Tammy.
De Weerd: Good evening.
Montgomery: Nice to see you again. Th ank you for having us. And Members of the
Council. This project is part of -- I live at 2560 South Teddy Avenue in Meridian with my
lovely bride Beverly. The project is a part of Sutherland Farm planned development
approved in 2002, which was a good deal of time ago. A lot of things have -- were
approved then and that we seem to not be discussing this evening, which I find rather
interesting. The following information was specifically pulled from that development
agreement. City staff requested that the park eliminate the houses that were proposed to
be built around the park, so that it would be open and accessible, especially for the
proposed future commercial office and multi-family uses. As stated that the reduction of --
or elimination of the houses would create a larger open and usable park for the entire
subdivision. Staff found that the office, multiple family, townhouse uses will be within
convenient walking distance of the park and open space provided within the residential
development. Staff also found that it would be a burden for the homeowners to maintain
in the future. The city recognized that there are maintenance costs for the park and
pathways for the homeowners of Sutherland Farm and that the proposed Easy Jet
development will be utilizing these amenities. When other citizens outside our
development use our park and pathways they disregard protecting them as they don't
have an impact on their personal pocketbook to maintain. They break fountains, sprinkler
heads, disrupt wildlife habitat and drive vehicles through the park destroying the grass and
they do not pick up the waste after their pets. So, I'm asking you to deny or at the very
least do a minimum order to reduce the impact caused by additional use of these facilities.
The Easy Jet project is not contributing to any maintenance cost and our homeowners are
bearing the entire burden. Thank you. Say hello to Jan and to all of you happy holidays.
Meridian City Council
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De Weerd: Thank you, John. Bev also signed up against. Hey, I was counting on that
one, John.
B.Montgomery: We came for marriage counseling.
De Weerd: I'm sorry, I can't help you with that. I can't even read his name.
B.Montgomery: Okay. That's all right. I'm Bev Montgomery. I live at 2560 Teddy Avenue
in Meridian and I am happy to see my Council -- Council members and my Mayor face to
face, so I can kind of put a name and a face together. Mayor Tammy and our Meridian
Council, thank you for serving. I know that people think that you get big perks and
vacations and you fly off here and there and all kinds of things, but I will give you thumbs
up for some pretty darn hard work and lots of -- very few thanks letters and, in fact, some
very hostile people and some of them might even be here tonight. I don't know. I will say
that we -- John and I did deliberately choose to move here for a variety of reasons, not on
into Boise, but to be here because we saw the potential of some wide open space and
some real exemplary building that can be done that really does serve old people, too, not
just young ones. I have in my mind been developing one of these projects for years, I just
can't -- I haven't got anybody to listen yet. But, you know, I think tonight that we should
talk about setting precedence and as I talk to people who represent JUB as lobbyists and
so on and people who have had them do their work, including Meridian people, they have
high regard for them and so I know why you would -- you have had a good experience.
But I say let's set a precedent tonight. Put something in that whole big section that really
is an exemplary model, not just an apartment house that is starting to be on every corner
and the brickwork only comes to my knees. Two feet. So, let's go on to say that there
was some things I was supposed to say tonight. When I -- when we looked at the 2002
schedule -- Sutherland Farms planned development, I saw all that business, so I thought it
would be a good place to bring my retired husband and get him a job, but doesn't know I --
that was part of my plan. But, anyway, that certainly hasn't been developed, but because
on that plan it says that any entrances to the city -- and I don't think you consider the
entrances to city just right down here, I think you consider us clear out there on -- on Easy
Jet to be part of your city and it is to enhance and emphasize some really good features
about our city. Encouraging beautification of streets and parking lots. We are near I-84,
which is a plus and we don't want to make it a minus. We don't want to be quite as busy
as our friends on North Eagle. That is quite a hassle. And we -- and the plan does
promote the design of attractive roadway entryway areas into Meridian, which will clearly
identify the community. We had a hard time getting here on time tonight and my time is
up, but let's do look at doing something as friends and neighbors and wonderful
volunteers in our community. Thank you.
De Weerd: Thank you. Jannette Mascone. Signed up against.
Mascorro: Hello. My name is Jannette Mascorro and I reside at 2827 South Nephrite and
I will be speaking for my husband Adrian and I. We are the second house that will be
directly affected by this development and ten years ago we bought our first home about a
mile away from where we are at now and it took us ten years to be able to buy our dream
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home and that is what we thought we had. Sorry. We moved December 29th, 2014.
About three weeks later we received our notice of the proposed development. Since then
we have tried to make the home our own, but knowing that this is a possibility has
definitely deterred us from continuing to make this our forever home. We have three
children who attend nearby schools. All of our bedrooms face -- are in the back of our
house, which will face the development and, you know, you think, oh, well, you can put up
trees in the backyard to help obstruct the view, which I love my view and, yeah, we can
plant trees for thousands of dollars, but I have a big garden in my backyard that I tend to
every summer and with this new home I have been able to make a bigger one and if I put
trees I can't grow. So, yes, I can put up patio blinds around my patio to get more privacy
and, then, what, we sit in the box where we have 48 or probably double that windows
looming in our backyard and so I guess we can move to the front yard and play out there.
But, guess what, we are going to have tons of traffic coming down our street because we
are that first street and the only street to get out back onto Victory. So, as this project
keeps furthering, I feel this box coming around our little -- you know, our total life
investment where we thought we would spend the rest of our lives and, you know, yes, we
are just one home, but we are great citizens to this community and we would like to
continue to live here and keep being great citizens and contributing. So, thank you and
please take that into consideration.
De Weerd: Thank you. Dudley Parker. Signed up against. Amy Parker. Signed up
against. Bryce -- thank you. Susan Sims. Signed up against. William Sims -- oh. Thank
you. Sorry I didn't pause there. Thank you for joining us. If you will, please, state your
name and address for the record.
Sims: Yes. I am Susan Sims and I live at 2867 South Groom Way in Meridian. 83642.
I am here -- I won't reiterate everything, but I agree with a lot of the concerns here. I have
-- we have made our life investment in this home, in this neighborhood, that we have lived
in for ten years. I did see in the record that there was a letter from the school district
stating that there was overcrowding of schools and I do know that firsthand, as my son
being in an elementary school. I do know for sure that in our neighborhood and this
property there is no busing available to Pepper Ridge and that it is because we are in the
1.5 mile zone and so we do not get any transportation, which is going to increase the
traffic for parents in the apartment buildings if it's permitted to come through our
neighborhood, which is going to leave them and the kids wanting to play at the park and
they are not going to be allowed to play at the park, so it's going to increase the tension
there and add to the traffic and we have a lot of kids on bikes that go to Pepper Ridge,
even though we are over a mile away. The other point I wanted to make is that there was
a public transportation suggestion when you build apartments that it's close to public
transportation. This is not near a bus stop. Any city bus is over a mile away. We have a
concern for the commercial buildings that are existing there in Southstone that traffic is
going to cut through this commercial, because Easy Jet and South Eagle back up so
much that they will be cutting through the commercial -- the existing commercial to get
through to Easy Jet and that the parking that is going to be overflowing this proposed
apartment building will go into that commercial area there. The other thing I wanted to say
is that if this is approved as it is, that the office buildings need to match the architectural
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style and building material as the apartment buildings and as they are proposed the
apartment buildings are only wood and plank siding and not -- and none of the existing
office buildings directly across the street have any wood on them. They are stucco and
stone and we feel that requiring wood siding on the offices would make those buildings
compatible with the vicinity and the existing commercial on the north side of Easy Jet. We
would ask that you require the apartment buildings to have more stone and stucco to
enable the office building architecture and facades to be compatible with the surrounding
development. So, I would just ask that you take a really good look at what we are
required in our neighborhood to -- to provide when we build and that make it compatible or
better than what we are supposed to do. Thank you for your time.
De Weerd: Thank you, Susan. William Sims. Signed up against. Okay. Thank you.
Todd Harper. Signed up against. Good evening.
Harper: Thank you. Todd Harper at 2839 South Nephrite. Here to speak for myself and
my wife Jennifer. Just real brief. I'm just very concerned about all the traffic that as is we
have too much traffic cutting through our neighborhood, overcrowding of schools and just
in general lack of infrastructure, that traffic getting to work is a nightmare, traffic coming
home from work is a nightmare, that basically adding to the congestion is just not
something I look forward to and also the way the complex is designed with the access for
future properties to have access to Easy Jet, for them to cut through will exacerbate the
problem. So, just lack of infrastructure is my biggest problem and the way the current
design is with, you know, basically a seed for future apartment complexes to the south of
it -- just not looking forward to it, because I live three houses away from the proposed
development and it doesn't blend with the neighborhood well. Thank you.
De Weerd: Thank you, Todd. Donna Dillree. Signed up against. Todd Schafer is in the
other room. He didn't want to testify, but he signed up against. Jeff Baster -- I don't know
how to say your last name. But maybe you will say it. I don't know how to say that last
name. I don't even know anyone with that last name.
Basterrechea: I promise I won't roll my Rs like my brother. First of all I want to thank
Mayor --
De Weerd: I was very concerned that there might be a relationship there.
Basterrechea: Well, f irst, let me say what I say does not reflect upon him, so -- first of all,
I want to thank the JUB Engineers for the compromise they did. I think it was sort of
splitting the baby down the middle to come to this type of agreement. However, I think it
comes to -- the point I want to make is this the right project at the right time. I am not anti-
family, I am not against low income housing, I'm not against young people. But I think if
you look around the room most everybody here is well over 35 and the issue I think a lot
of us have here is not the fact that they there is an apartment complex being built or a
business complex, it's -- as people have stated what's this going to be like in ten and 15
years, 20 years down the road when a lot of us, including me, are still living in my
neighborhood? I have lived in Idaho my whole adult life. I have worked in law
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enforcement for 30 years, 27 of those with Boise city. During that time I saw a lot of great
apartment projects come to life. Alpine Apartments. Overland Park Apartments. Lake
Harbor Apartments. All those -- Glenwood Apartments. All those were great ideas during
the time. But over the years I saw those apartments start deteriorating. I saw the
absentee landlords. The people who didn't care anymore about what their apartment
complex looked like, didn't care that the siding or the paint was coming off, that the
asphalt was all potted and had huge potholes in it. What happens with apartment people
is if they can't afford a home they are going to move on to the next great apartment
complex and all these apartment complexes had all these great, you know, side bars in --
with them. Gyms. Close to businesses. That's the concern I think all of us have here is
what's it going to be like when a new apartment complex gets built someplace else here in
Meridian? Are those anchor businesses going to be there? Are they going to be boarded
up? I think we have to look around and say do we want half empty, you know, mixed
living use spaces, stuff like that. Also I think another aspect -- I won't even go into the
Easy Jet portion of the roadway, because it's been covered immensely -- is what about
Mountain View? Mountain View is getting dumped on continually by overcrowding. They
are concurrently up to I believe six portables and if we bring more people in that's more
portables they are going to have in there. We just passed another school bond for our
school, because they are overcrowded. Our schools are overcrowded. And Mountain
View, I hate to tell you, my son goes there, is taking the brunt of this growth. When
Mountain View first started it was well known for parents who were putting their kids there,
that there were probably 20 to 30 percent of the kids there did not live in the district and
now we are going to add to this problem? That's all I have to say. Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor? Could I make -- Mr. Basterrechea.
Basterrechea: Yes.
Cavener: If you would just add your name and address for the record. You didn't get a
chance to do that.
Basterrechea: Oh, I'm sorry. It's Jeff Bast errechea and I'm at 2882 South Groom Way in
Sutherland Farm.
Cavener: Thank you. Sorry, Madam Mayor.
De Weerd: That's all right. Mike Divine. Signed up against. Thank you. Bonnie -- okay,
Bonnie. Come on up and tell me your name. She signed up against.
Broussard: Hello. My name is Bonnie Broussard. I live at 2662 South Teddy Avenue.
What I'd like to do is bring to your attention the requirements of the findings that you have
to make tonight, Section 11-5-B6, for conditional uses. It says that the commission shall
base its determination on the conditional use permit request upon the following -- and it
has items one through nine. Nine has A and B. So, there is ten items here. And I'd like
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to argue that eight out of the ten findings are not met with this project or they cause
impacts. So, I'd like to go through each one of those, so this will help you make your
decision tonight. That the site -- one. 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. They have met that requirement should you approve the rezone.
So, we will give them that item number one. Item number two. That the proposed use will
be harmonious with the Meridian Comprehensive Plan and in accord with the
requirements of this title. Well, we have stated tonight how skipping a step in zoning does
not meet the goals in the Meridian Comprehensive Plan. And not providing a buffer. Item
three. 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 this
same area. This is very subjective, but you can understand that all these people are here
tonight and have testified because it does not -- it is not compatible with the area and,
actually, you will find that the Planning Commission also found that the project that was
proposed was not compatible and it had -- that's why they had to reduce the height
requirements and the density and that they were concerned with the buffer areas of the
homes and they were concerned about the traffic and school impacts. Number four. That
the proposed use as it complies with all conditions of the approval imposed will not
adversely affect other property in the vicinity. Well, as we have spoken tonight that it will,
that adjacent properties -- they will probably have a value loss with their property and it
will have an impact on the traffic and with our school density. Number five. That the
proposed use will be served adequately by essential public facilities and services, such as
highways, streets, schools, parks, police, fire protection, et cetera. Well, we know that the
school district actually sent a letter that stated that they do not have room for the students
that they anticipate coming from this project, that there was approximately a 60,000 dollar
impact to them where they will have to provide two additional portable buildings to fit new
school children from this project. Number six. That the proposed use will not create
excessive additional cost for the public facilities and services and will not be detrimental to
the economic welfare of the community. Well, the -- taxes will have to be raised to
provide those school rooms and there is an economic impact. Number seven. That the
proposed use will not involve activities or processes, material, equipment and conditions
of operation that will be detrimental to any person's property or the general welfare by
reason of excessive production of traffic noise, smoke, fumes, glares or odors. Well, we
know that it will provide traffic impacts. Eight. That the --
De Weerd: Bonnie? You will need to summarize.
Broussard: Okay. So, that -- we don't want this to set a precedent. Number nine says
that it -- that this project should not set a precedent and we are -- it's spoken that it has --
that it will and that -- B, it also says that -- 9-B. That this should have a greater level of
conformity to the development standards set forth in this title as compared to the level of
development of the surrounding properties. So, this project needs to exceed what's
already existing in our area. We have found that this project does not. So, we just want
to ask how many of these ten findings must be met in order for you to approve this project
and what is your threshold. Thank you.
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De Weerd: Thank you. Janet Atkinson signed up against. Good evening. Thank you for
being here. If you will state your name and address.
Atkinson: I'm glad you called me. I'm so tired I have to go home. It's past my bedtime.
My name is Janet Atkinson and I'm speaking for myself and my husband Patrick Flaherity,
who was not able to be here tonight. We live at 4097 East Raja. I just want to -- we are
against this and I just want to state something that was stated earlier at the very beginning
by the JUB representative that said this project was fitting with the neighborhood. This
project is not in fitting with the neighborhood. If you look at the parcels around it you have
a subdivision across Eagle of nice one family homes. You have our neighborhood that
comes up against the back of it of one family homes. You have a small -- smaller --
Sutherland Farms that's right next to it and you have small businesses after that fact. In
fact, I was sitting here tonight and I can't think of one multi-family development on Eagle
Road that actually is on Eagle Road. There certainly is not one from Victory or Amity all
the way to Overland. There is nothing like that on Eagle Road. There is some things that
are a little bit off Eagle Road, but not right off Eagle Road and those that are slightly off
Eagle Road closer down by The Village or something, they are not in the entrance road to
a subdivision. Unlike something that happened on Overland not long ago by Pepper Hills,
they built four-plexes there, but those plexes are completely separate from Pepperhill
Subdivision. There is no road that connects those. This is on the road that enters into our
subdivision. We live in expensive homes that most of us invested our life savings into that
we believe that it was going to -- we moved here, as everybody does, into subdivisions
that they do for a certain type of lifestyle. This doesn't fit with anything around it and like
others I am concerned about precedence, but if you haven't driven down Eagle Road and
looked at this particular section, I would really ask you to do that. Thank you.
De Weerd: Thank you. Bryce Hayman. I think. I think it's Bryce. It could be something
different. Come on up. If haven't called your name it might be you. Thank you for joining
us. Thanks for being up front to correct me in my pronunciation.
Herder: Okay. Well, my name is Bryce Herder.
De Weerd: Thank you.
Herder: I live at 2860 South Groom Way in Sutherland Farm.
De Weerd: I think I'm just going to start naming you guys what I think you -- it might be
and so my apologies.
Herder: Not a problem. Thank you, Mayor and City Council. The proposed Easy Jet
Subdivision lies within the area of the -- and within the Sutherland Farm planned
development which was approved in 2002. The d evelopment agreement I believe is a
legally binding document to the property and property owner and to the City Council and
its staff and within that agreement there was certain findings that need to be applied to
any development that is within that agreement. One of those is to establish compatible
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and efficient use of land to the use of innovative and functional site design. Design and
performance standards should be applied to in kind development in order to reduce
impact upon existing adjacent development and some of the staff comments included that
they are consistent, harmonious throughout the development. Our standards in our
subdivision require a minimum of four feet of stone work on the buildings and the corners
must be wrapped and three types of building materials, including stone, stucco, wood
siding and/or brick. Multi-pitched roofs and certainly any railings are iron railings. The
Commission and City Council should determine what, if any, architectural design concepts
and/or commercial should be incorporated into all buildings within this development. I
believe it is your job to enforce the architectural standards as required by the existing
Sutherland Farm planned development on the Easy Jet Subdivision or to completely
exclude Easy Jet Subdivision through your motion from the Sutherland Farm planned
development altogether. Within the City Code 11-5B-6E -- and I don't know this by heart.
conditional uses require that you base your determination on the conditional use permit on
ten findings that the proposed nonconforming use is developed to a similar or greater level
of conformity with the development standards as set forth in this title. I would ask , as a
member of the board of Sutherland Farm Homeowners Association that you would place
upon any project the conditions that the standards architecturally are greater than the
Sutherland Farm architectural standards and I would also propose that perhaps you would
include an advisory or inclusive capacity for the Sutherland Farm architectural committee
to be included in that review process when considering architectural standards of any
proposed project such as Easy Jet.
De Weerd: Thank you.
Herder: Thank you for your time.
De Weerd: Katheryn Nicholas. Signed up against. Thank you. And Joyce Clark. Signed
up against. Thank you. Those are the -- well, it was. She said that she spoke for you, so
I didn't call it out, but you are against. Sure. I apologize for leaving you out. I just listened
to your wife who said she spoke for you.
Moscarro: Right. Which is good and that's what it should do. Hi. My name is Adrian
Moscarro. I live at 2827 South Nephrite Way, two homes south of the proposed
development, and as my wife mentioned earlier, other than the residences to the north of
us, it affects us significantly and we will be able to see this development from our
backyard. I mean it's from here 60 feet away we will have the first apartment building.
But I just want to bring something up. A couple of weeks ago -- and the gentleman
mentioned this before me briefly earlier. I saw on the news a couple of weeks ago it was
very interesting and awesome to me -- the City of Meridian, Idaho, is the number one city
in the -- in America to live in, you know, for varying reasons, you know, some -- you know,
reasons such as livability, you know, amenities, crime, traffic, cost of living, et cetera , you
know, and I'd like to add to that that I would say that we, you know, here in the City of
Meridian -- number one city, because we have elected officials that will hear their citizens
and their concerns, such as what we have here. That being the case, I would like to
discuss also what this development will cause as far as the concerns that -- one thing that
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I heard by the planners and the developer was that this development would not decrease
the property values and I think that that's not true. We have only been in this house for
just about a year at the end of this month and about three weeks after we moved in, like
my wife said, we got a notice that said that this development was going to be planned.
Had I known that ahead of time I would have never moved into this subdivision, because I
would not want to live adjacent to an apartment complex. That's not where we would plan
to build our -- or live in our dream home. So, if we wanted to move out -- I know that's just
how I feel that way, there would be others that would not want to move in adjacent to an
apartment complex and it would be very hard for us to sell our home. So, we would most
likely have to drop the property value in order to sell this home. So, yes, it does affect the
property. I echo everything that everybody has mentioned here today and, you know, one
of the things, too, is what people have said before is the traffic is -- one of the exits to this
subdivision is right adjacent to the commercial areas, really close to the intersection of
Easy Jet and Eagle Road and with that proximity I mean you can hardly -- it's already
congested as it is, but more congestion is going to occur there and, you know, multiple
concerns is where is that traffic going to go? People are going to get tired of trying to get
out at that intersection right there, they are going to be forced to go out on the eastern exit
and go right through our subdivision and cut to the east towards Cloverdale or to the south
towards Victory. I do it and I live there. So, I mean people that are going to be living in
this apartment complex will do the same thing, especially if they don't have to work north
along Eagle or west of Eagle on Overland, they are just going to cut right through the
subdivision. So, a lot more traffic concerns that we are going to have. And another thing I
would mention, too, is the park. That is owned and operated by the homeowner
association. How are we to control the people that are going to be living there from
coming to the park? So, the City of Meridian is -- should expect a higher volume of
complaints from the citizens for people coming in that shouldn't be there. So, thank you.
De Weerd: Thank you, Adrian. Those are the people who have signed up. Is there
anyone else who would like to add to the testimony here tonight? Yes, ma'am. Good
evening. If you will, please, state your name and address for the record.
Pascal: My name is Cheryl Pascal. I'm speaking on behalf of my husband Ron. 2523
South Jeblar in Sutherland Downs -- or Sutherland Farm. What I want to do is for the
record tell you what was said in the planning meeting, basically, and according to
Yearsley, he said: Our job is to work to mitigate with the issues so the property owners
can come up with a reasonable solution. Now, we always knew that there was going to
be an apartment complex -- a planned development on this location, but he said, you
know, the traffic is bad, we understand that, but for him what it comes down to is density,
what's appropriate density for this location and I have struggled with that most of the
evening. So, at this point I'm kind of leaning to requiring only two story apartments to help
mitigate the density and the bulk and the mass . I think three stories will stick out quite a
bit on that location. Fitzgerald said: I have seen density done in places where it's
allowed, but I'm a little concerned about this one because of how close that first house is.
There is no buffer. So, R-4 houses into a high density level, I tend to agree with you
wholeheartedly that a three story house in the backyard of that -- those several houses is
difficult and too much density too close to a residential neighborhood. I'm opposed to that.
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McCarvel said: There are problems with the traffic and the problems with the schools and
we do what we can with the schools, but I agree that the three story thing just seems out
of place. It does not seem to fit with single and maximum two story homes and I guess
most of them are single. It's just not a fit. Wilson said: I'm glad my fellow Commissioners
are kind of in the same sort of mind set, the appropriateness of this development, and I
think their requiring two story, we can make this more appropriate by making it two stories,
recommending two stories I think I would support that. Oliver said: After taking copious
notes, it's really a gut check to make you think about what's appropriate and that looking
at having a three story building is not something I would want to be looking at, so I agree
as well. That was from the planning committee. On a personal note, I am an empty
nester. I wouldn't live in that apartment building. Not with the three bedroom apartment.
Who is going to be there? Kids. It's not going to be an empty nester. So, I think that's
totally ridiculous. Thank you for your time. Thank you for being here and thank you for
listening.
De Weerd: Thank you. Is there anyone else who would like provide testimony? Okay.
Would the applicant like to -- to have their summary remarks and address some of the
questions? If you will restate your name for the record.
Bachman: Thank you, Mayor and Council. Lisa Bachman with JUB Engineers
representing the applicant tonight. Appreciate all the comments and concerns brought up
tonight. Thought they would make it a little easier on me tonight than last time, but they
didn't. So, we will practice and go through the various points that they brought up and I
wi ll try not to reiterate too much. I took down some notes as the testimony occurred. So, I
will do my best to kind of summarize a response. So, the biggest thing here is the density,
I think, and the surrounding use and compatibility and buffers. And also the zoning and
compliance with the comp plan and -- and those type of things. They all kind of go
together. So, I will speak to those. Also the site plan change. As we talked about before,
the site plan has changed based on the concern from the Planning and Zoning
Commission and staff and, then, also the neighbors. So, whatever site plan, just for
clarification, gets approved tonight will be the site plan that the property would be entitled
for. If there would be a change in the site plan that exceeds -- I think -- I think there is just
a little bit of wiggle room, but not very much. We would have to go back through the
public hearing process, through the Planning and Zoning Commission and the City
Council as I understand it. Is that correct? Does that sound -- okay. As far as the R-4
zoning. This is one of those projects where it was a planned development. It was zoned
R-4. Kind of with a blanket condition in the development agreement that said as the
pieces of property that develop that are not single family residential, need to come in and
request a rezone and a conditional use for anything that's not a single family. So, that's
exactly what we are doing today is we are requesting that zoning to match the land use
that we are proposing to do. The land use and the development, the layout, the features,
the esthetics reflect what is called for in the Comprehensive Plan for mixed use
development. It's a mixed use. It's -- we are proposing multi-family and commercial. One
of the suggestions I made at the last meeting is this -- because this mixed use designation
in the comp plan actually carries to the south quite a bit and everyone asking is this what
we are going to continue to see and the answer is probably so. So, unless the future land
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use designation is changed to something different than mixed use it would be hard to
imagine anything else being proposed. So, I just wanted to point that out, so if -- they are
an organized group of people, if they want to come in and request a change for that I
would highly recommend it for future projects to come in. I think I talked a little bit about
this reduction in density, zoning the property, calls for mixed use. As far as the buffering
goes -- is there any way you could bring up the vicinity map showing the surrounding
parcels? Okay. It's kind of hard to see here, but if you look at the site in relation to the
surrounding area, to the east we have Nephrite Way that buffers the project between the
single family residential area and the multi-family. We also have Easy Jet to the north and
to the south that's undeveloped property. So, the roads act as buffers. We are also
putting in landscaping around the vicinity of the site. Really, the only property adjacent to
the site is the one that you see -- see if I can do this pen thing. This property right -- I
don't know if you can see right -- can you see that? The property here and along here.
This all right here is future mixed use in the comp plan. This is our project right here and,
then, this is the single family. So, really, the only abutting property is the one here with
this remark and, then, we are buffered all the way around with landscaping and open
space. We have open space all along the frontage of Easy Jet and, then, two two story
buildings along the south boundary here. The houses within the development are one
story and two story. So, when they look out they are not going to see anything different
than what they are seeing in the single family neighborhood portion of the project. That's
why we made the change. That's why the Planning and Zoning Commission required that
because of those concerns. Traffic was another concern that was brought up. The Ada
County Highway District staff report was written -- we are okay with the conditions of
approval. Back when this development was originally proposed it required -- it had a
traffic study that required signalization of the intersection with Easy Jet and Eagle Road
and that has been put in place. There was a recent analysis done on that intersection
during peak hours and determined that it's operating at a level of service A or B at that
intersection right now. Let's see here. There is currently about 582 trips on Easy Jet
according to ACHD's report. The proposed project we have taken away about 200 trips
with the density reduction that we proposed. If it were all changed to commercial there
would actually be quite a bit more traffic going through the development. I guess going
back to the traffic and the buffering and the uses, one of the things I thought of as people
were talking about the transitioning areas. Well, what do you transition from the single
family to commercial? Typically that's multi-family. So, with this being two story multi-
family buildings between single story and two story single family, that's what we consider
a transition. So, just wanted to bring that up. That popped in my mind as I was talking
about traffic. Sorry about kind of going off track there, but see where I'm going? As far as
the maintenance and ownership goes, there will be an office in the clubhouse. There will
be contact information for the management company that will oversee the property. I
know that was a concern. As far as the HOA fees and the shared open space, that is a
civil matter of whether or not, you know, they pay HOA dues and coordinate with this
development. That can be worked out outside of the public forum and kind of at the final
plat stage when we submit our CC&Rs. As far as the school overcrowding goes, actually,
it's -- the development developed as single family residential there would be actually more
children on this parcel of land than with what we are proposing. Typically there is 64
students per one hundred single family detached homes and for multi-family it goes all the
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way down to 20 per one hundred units for multi-family. So, it's a difference of about three
kids. So, if it were developed into single family development, you would have
approximately 13 children. With multi-family you're looking at about -- well, since you can't
have 9.6, about ten. So, it's pretty comparable in terms of what the impact would be to
schools between single family and multi-family and the whole thing about -- I don't want to
say against apartments or renters, because I think in the testimony they did a good job at,
you know, not discriminating or making it sound like they don't want those kind of people
in their neighborhood. They went about it, you know, saying it in a more politically correct
manner. But, actually, this development -- the rates aren't going to be cheap. They are
going to range from 750 dollars to 1,050 a month. It's going to range from one bedroom to
three bedroom apartments. They are not going to be low income apartments. Let's see.
Going back to -- I was going to talk about the three story versus the two story, but I think I
covered that okay. Like I said, Sutherland Farm is one story and two story housing and
we are proposing two story housing. As far as the property value decease goes, there
actually isn't any evidence to support any reduction in property values as a result of being
near multi-family. One of the comments brought up by one of the people was that -- it's a
question livability. Actually, a very big component of livability in a community and one of
the reasons why Meridian has that aspect to it is because there is housing choice. That's
a huge component of livability. And as far as the esthetics goes -- is my time up? Sorry.
De Weerd: We would like to hear about esthetics.
Bachman: Okay. I will cover that and that should be my last point. So, with the
conditions, what we are proposing is kind of a mix of what you see in Sutherland Farm
development, as well as the commercial development to the north . With staff's condition
and P&Z's recommendation to add stone accents and stucco to two feet of the building
around, I believe it's 50 percent of the building -- it kind of brings in both of those elements
together from what you see in the surrounding area and we don't have a problem with that
condition of approval. One thing I would like to point out as well is that we will be required
to go through design review before we apply for any building permits. So, staff will be
looking at that very closely and making sure that it is compatible with the area, that it does
compliment what's going on out there and that we have delivered what we have indicated
in our elevations. So, with that I think I can leave it at that, unless you have anymore
questions for me.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Certainly. I want to follow up with questions on issues that were brought up.
The issue of lighting was proposed.
Bachman: Okay. Well, the lighting along Easy Jet -- there is existing lighting. It's
decorative. And as far as lighting within the development, it can be night sky lighting. It's
not going to be anything out of the ordinary. It's going to f it within the neighborhood. It's
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going to be pointing downward in the -- in the parking lot area and on the buildings. It will
be minimal, but not minimal enough to created a safety issue.
Rountree: There was some speculation that there would be off-street parking. Do you
anticipate that with the number of parking spaces you're providing?
Bachman: Oh. Good point. So, as far as the parking goes, like I said, we are proposing
above and beyond the minimum required parking. Currently Easy Jet is signed for no
parking. Nephrite Way there -- I suppose there could be parking, but it will be fenced on
that side, so I don't know why people would park on Nephrite Way and walk all the way
around onto Easy Jet and go into the subdivision that way.
Rountree: There was mention about the fence on the -- on the neighboring side to be
something more than a vinyl fence, but something on the line of a masonry wall to -- both
for visual, as well as noise.
Bachman: Thank you for bringing that up. I was having a hard time understanding where
exactly they were talking about. If it's the property along Nephrite Way or -- I would need
clarification on -- on where that would be located, but in the area it's vinyl fencing, so we
would be matching what's out there and bringing that in.
Rountree: There were several suggestions about this particular project being in
compliance with the CC&R's architectural requirements that are in the surrounding area,
which, apparently, is more than what's anticipated and the staff has recommended.
Bachman: I'm not completely familiar with what their architectural requirements are within
Sutherland Farm, but I would guess that it's pretty much in line with what we are
proposing. They have wood. They have stone accents. There is stucco. You know, all
of the things that we are proposing.
Rountree: And, finally, on the plots that you show on your preliminary plat along Easy Jet
Way -- or the one large lot I guess, is that proposed to be a common area and stay as a
common area?
Bachman: Along Easy Jet?
Rountree: Yes.
Bachman: Yes, that would be the common area, parking and open space.
Rountree: Okay. Thank you.
De Weerd: Additional questions? I know Mr. Bird indicated his questions had been
answered.
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Rountree: Madam Mayor, I would like Bill to address the question that came up about
how can we be sure that some of these -- coming from our legal counsel it might be
better.
De Weerd: He has asked our attorney to answer the question about once the Council
makes a decision and approves the preliminary plat, how that is enforced.
Nary: After the Council's decision is made a findings are created by the planning staff that
are also incorporated into a development agreement, which is a contract between the city
and the developer. So, those findings and those -- the development agreement are
recorded against those properties. So, any property owner knows what's supposed to be
built there, what it's supposed to look like, which includes the site plan. When a person
wants to build a building, they must, then, come in and get a certificate of zoning
compliance that what they are building is compliant with what's required and, then, they
have to submit the plans for that. Those are, then, reviewed and if they comply with
what's allowed, then, a building permit is issued and they can build the building. If they
build a building that isn't allowed or don't come in and get a building permit and just build
the building without any approvals of any kind, between the ability to enforce it civilly we
also have the ability to enforce it criminally under our code enforcement regulations. So,
we have two different means in which to enforce someone building something outside of
what's approved and also a way to enforce something -- someone building something
without any approval permit of any kind. Either way the city knows what's getting built and
the city has means to address it if it doesn't meet the requirements in the development
agreement.
De Weerd: Thank you, Mr. Nary. Mr. Zaremba.
Zaremba: Madam Mayor. I have two different questions and the first one actually may be
a repeat of something that Councilman Rountree asked, but would you go to the revised
site plan, please. Okay. I don't know if this is what he asked, but the two areas closest to
Easy Jet that are defined by dashed line rectangles, what are those going to be?
Bachman: Councilman Zaremba, open space.
Zaremba: And they will always be open space?
Bachman: Correct.
Zaremba: Okay. Thank you. Second, would you go to the area view. That one. Thank
you. I appreciate a lot of the research that many of you did and particularly the young lady
who studied the planned development ordinance very thoroughly and spoke to that. Let
me make a comment before I go on, just to clear up some confusion. In 2002 the city had
a planning and zoning ordinance and we had a separate landscape ordinance and a
separate sign ordinance and I think we had a separate parking ordinance, and we had a
separate planned development ordinance for anything that didn't fit into the planning and
zoning ordinance in the size of two or three buildings. If it was going to be bigger than
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that we had a separate planned development ordinance. In practice in that planned
development ordinance an entire project was zoned with one zone. This entire
development was zoned R-4. It was. But the other piece of the planned development --
and some have touched on this -- was what we called a use exception. In other words,
even though the underlying zone was R-4, the developer was entitled to develop -- my
recollection was ten percent of it into something else and usually was discussed before
the planned development was approved, but one of the difficulties with that, as many of
you have found out, is that when somebody goes to do their due diligence to find out what
else is on this property the answer comes up R-4 and there wasn't -- even then there was
confusion about how do you know when and where and what the use exception is going
to be? So, again, I appreciate the lady that did some study here. If we are looking at the
-- what we are looking at now, you can see pretty much the development and I think there
is more to the east that we are not seeing. The point that she brought up is according to
her research this was not given a ten percent use exception, it was given a 15 and a half
percent use exception. Her point is the piece that is already developed as R-4 and L-O
and C-C are 14 or more percent of that 15 percent and the question is the use exception
has already been used up, how -- how can this not be the underlying R-4, then, because
the use exception isn't available if -- if that math is correct.
Bachman: Thank you, Councilman. And if staff can correct me on -- on this. I believe the
use exception was for the property to maintain the R-4 zoning designation and be able to
have different uses. Do I understand that correctly?
Watters: Madam Mayor and Council, if I may respond. Yes, it was actually 20 percent
was the percentage of the site could develop with different land uses than the R-4 district
or whatever -- whatever district it was -- it was zoned. So, this -- this property -- there
were 11 lots on the original preliminary plat that were approved to develop with office
slash multi-family uses. This property consisted of four lots on the preliminary plat. The
remainder of the lots were to the north across Easy Jet. The remaining six. Those --
seven. Excuse me. They came in and did a modification to the conditional use permit,
the planned development, a couple different times and changed those land uses that were
-- that were approved for office and multi-family to other residential and commercial uses.
So, what the applicant is requesting is in line with the approved planned development for
the site.
Zaremba: I would just add for everybody's benefit, we don't do it this way anymore. A few
years after this we wrote a Unified Development Code we call it that incorporated it all.
We found with the previous code sometimes one of them would require something that
another one contradicted and by putting them all together in the Unified Development
Code, not only did we get rid of some of those conflicts, but we got -- also established a
precedent that when the developer annexes and zones their land they actually identify
each different piece. There is no just -- it's all R-4, but there is an exception somewhere.
They identify what those are. So, unfortunately, this is a leftover ghost from the past, but I
will say we aren't doing it this way anymore.
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Watters: Madam Mayor, if I may add to Councilman Zaremba's thought on that. These
particular lot numbers were called out in the approval for the office and the multi-family
uses. This isn't just a random -- we were allowed to do X amount of percentage of the site
this way. It was actually called out on this property by the lot numbers on the preliminary
plat.
De Weerd: You know, I understand that maybe it's called out on these particular lots, but
when the other ones came in and changed, that should have been of consideration. You
know, I do understand that we tried to find all of these older planned developments, so we
could clean them up, so they actually reflected what the use was intended when the
planned development came through. This one apparently was missed. But when the
other lots came in I thought Joan's testimony was very compelling, to see the history of
the office space and the decline from the 19.4 to the -- or, yeah, I didn't write all the
numbers down, but I do believe that as the other ones were redeveloping it should have
had an impact on these four lots and what uses they should have. The impact should
have been readjusted as we look at our whole planned development. I don't know how
you unring the bell and what the entitlement on this land is, but I do have a better
understanding of the concern from those that have done the research and what they
believe their property rights are as well and what -- what they should be entitled. So, with
that said I'm not sure what you can do with that as Council grapples with should this be
approved? Is it -- is the intensity too much? And what is appropriate in this area.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Can you pull up your -- I guess it's your newest site plan? Sorry. I will use the
mike. Can you -- on the -- on the right-hand side on -- excuse me. Can you outline where
the fence -- propose -- where you would propose to put the fence along that. You had
indicated the vinyl fencing and I'm just curious as to where -- if it's that solid black line. If
it's the -- the dashed black line along the sidewalk. I'm trying to gauge where this fence
would be proposed to be.
Bachman: Thank you, Councilman. It would actually be along the eastern property
boundary. There is an existing fence out there that's -- I think it's three -- three feet tall.
Does that sound right? Yeah. Three feet tall. So, we could put -- and we are not
proposing a fence on the eastern boundary, but we can put one there if so desired.
Cavener: But you had indicated that there was a -- a fence there?
Bachman: A three foot vinyl fence. Correct.
Cavener: Can you outline where your -- where the three foot vinyl fence currently is?
Bachman: She's actually pointing to that right now.
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Cavener: Thank you, Sonya. Follow-up question, then, I guess. Sonya, maybe you can
run that line one more time for me and -- it seems to me there is some space where -- so,
it's really just right there and there. Okay. Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I just have a question, Lisa, regarding the school children statistics that you used.
Are those Meridian statistics? Because it seems to me that Meridian families have two to
eight children per single family households. I'm not sure about apartments.
Bachman: Well, it's actually from the Urban Land Institute. I didn't look at Meridian's
numbers. But I guess even if we -- if we just use a straight-across comparison it would
still be about the same number of kids per -- per hundred units if it was developed with
single family or multi-family. Typically people that live in apartments are people that don't
have kids or they have less kids, one or two, maybe, tops and with it being limited to three
bedrooms and more of the one bedroom and two bed room, there is just not going to be as
many children.
Milam: Thank you.
De Weerd: Council, any other questions for Lisa? I did want to know -- on your traffic
study -- did you do a whole new traffic study, considering all the different changes from
2002 or did you just do an intersection analysis?
Bachman: Good question. Thank you, Mayor. Actually, we didn't even meet the
threshold to do a new traffic impact study. The original request -- I think it was expected
to generate about 1,100 trips. That was the 76 units. And with our updated development
we are under a thousand. So, we don't even meet the threshold to do a traffic impact
study, nor did we originally. The level of service analysis that was done was actually done
by Ada County Highway District and that's reflected in their report. So, that didn't come off
of the study that we did, that came off of their analysis.
De Weerd: Okay. Any response to the letter that the school district sent? I know these
are suggestions, that the district can't require it and neither could the city in terms of the --
the cost impact and the amount that -- in revenue this kind of development would need to
-- to add. I'm sorry, this is the first letter I have seen that's been written like this, so I'm not
really sure how to take it.
Bachman: Uh-huh.
De Weerd: But any response to this?
Bachman: Mayor and Council, it is pretty unique to put a number to it like that and talk
about the impact, but the -- the revenue that this project would generate in property taxes
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would likely exceed the property taxes that would generated by a single family
development. So, really, when you're -- when you're looking at what -- what they are
asking for to come in with a single family development, it's like comparing the same.
De Weerd: I think they are asking for what looks like a donation, because they cannot ask
for an impact fee, because the state doesn't allow that, but -- and that it is something that
we hope the legislature will start addressing. But in lieu of that they are trying to figure out
-- all this tells me is they -- the schools in that area are overcrowded and that anyone in
this development would have a possibility of being in their home school district would have
to be accommodated somewhere else, which, again, is an additional cost to the schools to
do that. So, what is your answer to that?
Bachman: Mayor, actually, I don't have an answer to that, because if they are going to
require that of every development that comes in the city, just indicate that they are
overcrowded and that they are going to -- there is going to be a donation amount set -- I
don't know. And I can't really speak on behalf of the client and give you a definitive
amount and let you know, yes, we can donate this much towards this cause. Like I said,
the impact to schools on the development that we are proposing versus a single family
development would be very similar. It is a unique letter and indication from the school, I
agree.
De Weerd: Well -- and they raise some really important points, too, that unfortunately our
state hasn't given any -- any tools to address.
Bachman: Agreed.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Lisa, I mean we don't know what they are going to do, but my guess is that as full
as they are, overcrowded -- yeah, this is probably going to be a lot more common type of
letter that we are going to receive from them, because they don't have anywhere to put
the kids until they can grow some more schools.
De Weerd: Mr. Borton.
Borton: Madam Mayor.
De Weerd: You want to move your microphone up --
Borton: I will. Lisa, was there discussion with regards to some of the other mixed use
community uses to the south and connectivity through the -- through this particular
project? There is no access to Eagle and there is no access basically east or west. So,
everything that is south also will be funneled through these two parking lots. How does
the plat address that future problem?
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Bachman: Thank you. Councilman Borton. It's actually a requirement of both Ada
County Highway District and city staff to provide that stubbed connection and to reduce
the access points along Eagle Road. It carries a lot more traffic, it's closer to that -- the
intersection with Easy Jet and it's actually a lot safer to have it off of Easy Jet, as opposed
to Eagle Road.
Borton: Madam Mayor? Follow up. I agree with that, but I'm just trying to gauge your
comfort with this particular design adequately allowing all of that traffic to flow through the
way it's designed here with the round about and the office parking up front. And there is a
variety of ways it can be designed, I'm just gauging if you think this is the most appropriate
way to accommodate what's going to a lot of traffic to the south, accessing Easy Jet
through this project.
Bachman: Mr. Borton, I -- I could see another access coming off of Eagle Road and not
everything relying upon this parcel for access south of Easy Jet along Eagle Road, but
there is really no telling as those properties come in what -- where they would propose
access. You know, I think it's good. You see the stub street there to the -- I'm going to try
this pen thing again. Did somebody else draw that on there? Well, there is another stub
street right here. This is the mid mile, so I could see another acc ess coming in on Eagle
Road -- oops. The pen is a little bit slippery. Winding up here somewhere and connecting
into the parcel.
Borton: Okay.
Bachman: But we do feel like the design and the layout does accommodate the -- the site
layout -- it was actually pretty challenging to design and to get the circulation through
there, as we went down to the two story and the open space and all that good stuff, so as
far as traffic goes and connectivity, this is what we would typically do is stub to adjacent
properties to reduce the amount of access of a road such as Eagle Road.
Borton: Okay.
De Weerd: Council, any other questions? And I guess, Mr. Nary, while the applicant is
still at the podium, I would ask can you maybe give an overview of what the choices are
here tonight? This is an entitled piece of property that's part of a planned development
that was already approved in 2002. It's in front of Council tonight because of the rezone
to clean it up. The CUP is typically something that the Plannin g and Zoning Commission
does, but it was also brought forward because of the rezone. What is in front of Council
tonight in terms of some of the decisions or opportunities for discussion?
Nary: The issue on the zoning to me is really -- the original zoning that was approved --
and Council Member Zaremba was correct, as was Sonya, the zoning was approved at a
particular level with an exception by agreement and so the planned development process
allows for this level of development now. The zoning is intentional by the city in the
request for the rezone to match it up for the future, so everybody knows what's allowed
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there, but even if you don't approve the zoning I don't believe they can't ask for the same
density based on the original PUD. Now, planning may disagree and I certainly suggest
you ask them, too, when we are done, but I don't believe the zoning is really the issue. It
is a CUP, which does require compatibility with the neighborhood. So, you do have the
ability -- the one that's most common -- and some of you may recall was the discussion
we had regarding the Sellway Apartments in north Meridian. Very similar circumstances.
Housing was developed -- was approved. The adjacent parcel was to be multi-family.
Multi-family doesn't always have to be apartments, but multi-family doesn't always have to
be duplexes. But multi-family is anticipated on a portion and commercial is anticipated on
a portion. What the Council did in that case -- and I was re-reviewing the district court's
opinion on that case that we had, and, basically, the Council has the ability to condition
the approval based on some of the concerns. Not a concern necessarily that we don't
want it, but it could only make sense if it worked in this way or -- excuse me -- compatible
with our -- our building standards. Now, in the Sellway case we didn't have building
standards then, but we do now. That was one issue and the Council wrestled with that in
2005 -- was building standards, lighting, buffering, fencing, all of those things to make it
truly as integrated as realistically possible into the neighborhood. But it was always
anticipated in that case, as well as this case, that some density and some multiple
buildings would be built on this site. They are proposing something different. It's the
Council's decision on is that different, still compatible, or could it be compatible based on
additional conditions that may be necessary. P&Z made the decision on three story
versus two -- sorry.
De Weerd: I'm sorry, I purposely made him talk a lot.
Nary: You have the ability to grant additional -- or require additional conditions that the
developer can then decide either that's incompatible or un reasonable or that they can live
with those conditions and proceed forward with the project.. Does that answer your
questions?
De Weerd: I think it lays out same options for the discussion. Sonya, do you have
anything you would like to add to that what Mr. Nary has said?
Watters: Yes, Madam Mayor. I would just add to what Mr. Nary said about the use in the
zone. The whole point of the land use exception that we have spoken about is that they
are allowed to do a multi-family use or some other land use in the R-4 district. So, a
rezone is not necessary for them to go forward with the multi-family development. A
conditional use permit, however, is required because of the original planned development.
It required them to come back for detailed approval of a conditional use permit prior to
development. So, a conditional use permit is required. And, then, our UDC also --
because they are requesting a rezone at the request of staff, we asked them to rezone the
property to clean up, like you said, more or less the zoning in this area. Because they are
requesting a rezone then it also requires conditional use approval for the use in the zone.
But primarily the CU is for the -- the detailed approval.
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De Weerd: So, if they -- if this was just a development of office buildings they would not
have had to come through a CUP, they would have just -- would they have had to?
Watters: Yes. They would have to.
De Weerd: Okay.
Watters: Whatever development goes in here, office or multi-family or both, had to come
in for detailed approval, because they only received conceptual approval. Really, the only
thing before you tonight -- I mean, like you said, this property is entitled to develop with
office and multi-family uses. You do have a say in how it develops. Density. Building
type. Height. That kind of thing.
De Weerd: Okay. Council, is that helpful? Do you have any further questions for Lisa?
Do you have any further comment?
Bachman: I don't.
De Weerd: Okay. Thank you.
Bachman: Thank you, Mayor and Council.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Unless the Council wants some discussion -- unless the Council wants some
discussion while the public hearing is open, I will move that we close the public hearings
on RZ 15-012, PP 15-016 and CUP 16-017.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-B. Any --
all those in favor say aye. Okay. All ayes.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor, just a comment. We are trying to undo the past here and we
are not going to be very smooth and it's not going to be very easy, but one option we have
is to deny the rezone and, then, that takes that out of the equation. It still doesn't solve
the issue, but it puts us in a situation where we can, then, condition the entitled use of the
property, which is office and multiple family; am I correct?
Watters: Yes.
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Rountree: And we can condition it in whatever way we desire. So, we can c ontinue it in
whatever way we desire and not have to contemplate the rezone. That's one option. And
that condition can be based on density, it can be based on architecture. It cannot be
based on we don't want apartments. We can affirm that what's been said here this
evening will be encompassed in the development agreement, which is a contractual
document between us and the developer that can be enforced both civilly and criminally.
Watters: Madam Mayor? Excuse me, Councilman Rountree. If I may just clarify. There
is already an existing development agreement on this property that was -- went effect with
the annexation. And change to that is not proposed tonight.
Rountree: That would be in the Findings of Fact?
Watters: It would be in the Findings for the conditional use permit, yes. In order to
change -- let me just add to that. In order to change any of the provisions that were
approved, if you choose to tonight, they would have to go back and modify that original
conditional use permit planned development.
Rountree: Thank you. So, just food for thought. This is a tough one. And I apologize for
whatever past action might have created this, having been here for far too many years,
but be that as it may, we have to deal with it.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: A couple of comments to Councilman Rountree. First, thank you all for being
here tonight at 9:00 o'clock. I know you probably have other things you would rather be
doing tonight. But this is -- this is local government in action. This is what makes
Meridian so great. We have a developer who has a plan and they bring forth that plan
and, then, you as our citizens get to comment on that. It's just incredible. I know it's 9:00
o'clock and we all want to be home, but this is fascinating. So, thank you all for being
here tonight and you shared really comments about your home. You know, from a
Council perspective we always look at housing as a sign and you really brought an art
piece to it and so I'm grateful for you guys being here tonight. To the comments. I think
this proposed project can be complimentary. It's not the same as your neighborhood, but I
think it can be complimentary and we can handle that. I think the buffering we can handle.
I think the site plan we can handle. The multi -family, I don't have a problem with multi-
family. It's part of what makes, aga in, Meridian so great. For me the biggest issue is the
zoning and I think that -- in light of Councilman Rountree's comments, that's something
that we could handle and address here tonight. T hat's something I'm in favor of. My two
bits.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
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Rountree: With -- with the compatibility question, it seems that we have had multiple
comments -- I don't want to use the word several, but multiple comments. I'm not going to
count them. About quality, structure, design, whatever and some specific suggestions
that it be -- this development be consistent with the standards that are in place in the
surrounding neighborhood, which I don't have those, I don't know what the specifics are.
We have what staff and the developer has recommended, but apparently that's not quite
there. It sounds like more masonry, more stucco. I'm leaning that way as one of the ways
to help this be more compatible. Certainly want the buffering to be of the type that will, in
fact, buffer. The lighting -- in fact, the night sky type lighting, which is down lit and the
minimized, but yet providing the safety for all of the folks in the neighborhood. Those are
a few thoughts I have right now. Hopefully the rest of you will have a few more.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I like the idea of -- of, you know, denying that rezone and keeping it R-4, because if
it goes to an R-15, even if we -- this preliminary plat is approved, in my years of being on
here I have seen it changed when by changing of ownerships and an R-15 zone is quite a
bit -- it allows a little more than the R-4 and they don't -- wouldn't have to come back in for
a conditional use; am I not right? If it's R-15?
Watters: I am not sure I understand your question, Mr. Bird.
Bird: If -- if we -- if this is zoned R-15 they wouldn't be here for a conditional use; would
they?
Watters: Yes, they would.
Bird: They would. Okay. Thank you.
Watters: Because of the conceptual approval previously.
Bird: Okay. Because of the planned -- yeah. But once we get that -- so, my thought is
deny that. The preliminary plat, make sure that that's set in stone with the common lots
up there next to Easy Jet and, then, we can put the conditional -- we can put conditions on
the conditional use permit as far as everything we want to do. That would be my
suggestion.
De Weerd: So, I -- no, I don't have a vote, but I have a voice and I have -- I think I have
already said a little bit about my concerns. Certainly if a planned development comes in
and even though it was years ago, there -- there are many that have noted a lot has
changed since the original approval came in. Even the corner of South Eagle and Victory
has changed in the Comprehensive Plan since that time, if I recall right. The stubs to the
south and how that's going to flow and I know I quoted one of my favorite City Councilman
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last meeting that we are not in a hurry and some of these things really need to be further
looked at, but how will traffic flow in that area and what is the plan for the two stubs to the
south and how is that going to work? I know it's hard to clean up something that we have
already approved, but the things change. If the buildings were -- we have opened up the
-- the two lots on the north side and we are on the east side that apartment complex could
have been in one of those two areas that would have minimized some of the -- the direct
impact or maybe it's a buffer compatibility opportunity there. But it still begs the question
how are -- is the traffic? Are the lots to the south going to interacted with whatever we put
here and -- and how is that going to work so that you're not going to have a negative
impact on the rest of the already built environment in that area. That is a concern and
even the stub that -- that Lisa had pointed out to the east, it stubs into a residential area
that has access directly to those streets where cars are backing out on their driveway and
that -- that is a concern, because people will be going there to -- to access Victory when
South Eagle Road is -- is congested. There were a lot of good points that were brought
up today in testimony that I think does need further consideration. I just don't know what
-- what options are in front of the Council because this has an entitlement already.
Watters: Is that a question, Madam Mayor?
De Weerd: It's a perplexed question, yes.
Watters: You can choose -- Mr. Nary, correct me if I'm wrong, but I will try to speak for
you, since you're losing your voice. If you choose to deny the conditional use permit you
would need to include reasons for your denial and what they could do to gain your
approval. Especially since there is an entitlement on this property. But it is in your
purview to -- if you don't like the site design, if you don't like the density. If you don't like
the building locations or open space locations to -- to direct them to do something different
with it. You might even suggest or -- you know, a continuance of the project for them to
redesign. You know, you might -- you might require some landscaping adjacent to that
end residence. There is a lot of things that you could condition it or just request a
redesign or include some ideas where they can redesign to gain your approval.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Sonya, I got another question for you. Down there on the -- on the northeast corner
of Amity and Eagle Road. Didn't we -- when they come in didn't we make them rezone to
R-4? Didn't they -- didn't we zone that to R-4, that development that come in?
Watters: Are you referring to Victory and Eagle or Amity and Eagle?
Bird: Amity and Eagle.
Watters: I am not sure, Councilman Bird. I don't have that on my zoning map and I can't
think off the top of my head what that piece is.
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De Weerd: I think it's an R-8.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I'm having a really hard time with the density of this project backed up to R-4,
which is the reason why all these folks are here today. They did the research. It's zoned
R-4. My heart goes out to you guys. I wish there was more that we could do. But as far
as -- you know, there is not enough of a transition, if it was duplexes, possibly. Just
something with less density that will have less impact on traffic, on schools, on -- you
know, the views in their backyard, I just don't see the compatibility myself, so that's where
I stand.
De Weerd: Yeah. It's the northeast corner I think he was asking about.
Zaremba: Where the roundabout is.
De Weerd: I believe those are R-8.
Watters: The Nesting Swan off the corner. I believe it's R-8.
Bird: Did we -- I thought it was R-4 we --
Watters: It -- I don't believe the development agreement has been approved yet or if it
has it was just recently approved. It hasn't officially been annexed yet, but --
Bird: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I understand the rezone merely to be administrative to the extent that it's --
whatever the final decision is the rezone is to, then, match that final decision for the office
and for the density of the multi-family. Approving it or not approving it doesn't change -- it
doesn't seem to make sense to not approve a rezone because if there were to be an
approval of the other applications the rezone should naturally follow to match it. The
question as I see it does the plat and the CUP make sense and one of the primary
concerns that a lot of the neighbors have hit on and the Mayor hit on as well, is that the
connectivity to the south and the lack of a public roadway through the center versus the
two private -- private road that we can anticipate being wholly inadequate to funnel traffic
through as the properties to the south develop and the access to Eagle Road as those
properties develop is unknown and as the Mayor pointed out, the access heading east to
the residential neighborhood isn't necessarily the route that you want to funnel this if and
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when that develops. So, that's one of the primary concerns I have with the plat and I think
it also addresses some of the -- the concern that the public has with compatibility and the
proportion of this project that is multi-family and the type of multi-family, meaning the
density of the multi-family in proportion to the office component, which is a much smaller
piece. So, I struggle with the plat as it's designed as being set up for -- for failure and in
particular having that traffic funnel through these private roads and a roundabout about
adjacent to open space that we intend these residents to utilize.
Watters: Madam Mayor, excuse me. If I may make another clarification. There is a lot of
misinformation floating around and so I'd just like to clarify while we are there. The staff
report only recommends one vehicular cross-access to the south. The other was
pedestrian. So, if you do choose to go forward with this tonight and, then, you are thinking
that you want two vehicular connections, please, make that part of your motion. This is
not a cross-access right here. Only -- only this over here.
De Weerd: It's not?
Watters: No. That's just a backup area for their parking. I just wanted to clarify that.
Borton: And I appreciate that. And I think that makes the problem and the concern even
greater.
De Weerd: Me, too.
Bird: Yeah.
Borton: Unfortunately.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the same subject in the same area, the other views that we have been
seeing only have that center curb cut on Easy Jet. The curb cut that's over by the office
buildings doesn't exist. Is that being requested and would it be approved by ACHD that
close to Eagle Road?
Watters: Madam Mayor, Councilman Zaremba, ACHD has approved the accesses. I
believe the reason that you see the cut out here is because that's already right of way
owned by ACHD, whereas this isn't.
De Weerd: I'm sorry, that -- that clarification on the traffic does make it even worse. To
have someone funnel through areas that are also parking stalls that people will be backing
out of is crazy. I'm sorry. It's -- but -- yeah. So, one of the options, I would imagine, is
you could totally deny the CUP and the rezone and with specific reasons why or remand it
back to Planning and Zoning with specific criteria of what the concerns in terms of
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materials used in the -- the design of the units, certainly the traffic flow and the
connectivity to the south, the placement and perhaps placement of the apartment
buildings and putting more of the open space to buffer the -- the single family homes. You
can even look at the -- an R-8 is also multi-family if you go to the duplex designs. There is
several different options I think Council could choose to -- to go. And now I think I will
probably just shut up. But I can't make a motion, so you guys will just have to -- and gal.
Milam: I'm a guy.
De Weerd: Now you know how to make sausage. You get to see us make it.
Rountree: Madam Mayor, I have a question for Sonya.
De Weerd: Mr. Rountree.
Rountree: The parcels to the -- to the south, have they been annexed, any of them?
Watters: Madam Mayor, Councilman Rountree, no. Those are all in the county right now.
Rountree: That's helpful. Thank you.
De Weerd: In the Comprehensive Plan is that neighborhood mixed use commercial -- or
community?
Watters: It is mixed use community.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'm still struggling to find enough to make sausage, so I'm going to throw a
couple things out here. We are kind of going -- let's help design this, which we never want
to do. We don't want to practice that, because we are not very good at it, but there are
some things that I think this project lacks and some things that have been pointed out that
the project creates in addition to compatibility with the existing uses around it. Again,
there is the school capacity issue . But this traffic flow, traffic access is a real issue.
Properties that are yet to be annexed into the city, with this property one of the key ones
that will provide access to those -- those properties until such time as there is an
additional access off of Eagle Road. Without knowing -- without adequately analyzing
what can happen to the south and applying that to the concept that's going to be on this
property, I have a difficult time approving any cross-access without knowing what -- what's
the potential future impact on that southern property and issues. That's one thought. I'm
still trying to find some more things to think about here.
Cavener: Madam Mayor?
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December 1, 2015
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De Weerd: Mr. Cavener.
Cavener: Could we reopen the public hearing to allow the application to address some of
the comments that they have heard from the Council tonight? Perhaps they want to
continue this for a couple weeks and allow them to make some changes and come back
to us, come up with a -- a better plan?
De Weerd: Mr. Cavener, I think even if they came back with a change, it would be -- it
would be substantial enough that it should be remanded back to Planning and Zoning for
any changes to be done first at that level. Unless you want to see it, discuss it before you
remand it back, but --
Cavener: Fair enough.
De Weerd: That's my opinion. I believe I'm speaking in line with procedure.
Nary: Madam Mayor, Members of the Council, absolutely. I don't know if Ms. Bachman
has been able to hear all of your concerns and would say -- you know, if they have a
preference. Sometimes the applicants would prefer you deny it and deal with it in a
different forum. You have Mr. Lucas here from ACHD. He's talking a lot about access. I
don't know whether they have a future plan or whether a roadway system like the Records
Drive extension that exists now off of Eagle Road between Ustick and River Valley Way is
a solution that's even considerable. I don't have any idea. But, you're right, I mean it's
really -- if you think they are significant enough that really a change at this level is not
appropriate, but to remand it back at least -- I think as Sonya stated -- give them enough
for the Planning and Zoning Commission to know what you want. And I think, again, I was
just suggesting that maybe Ms. Bachman has a preference as well. Maybe she thinks
they can't do anything that we are talking about. I don't know. I hate to waste everyone's
time if they can't do anything that you have suggested up here, so --
Cavener: I will make a motion that we reopen the public hearing to allow the applicant to
come up and address some of the comments that --
De Weerd: I think that was a motion.
Cavener: I thought I said -- yeah. I make a motion we do that.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to reopen the public hearing on Item
7-B. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Lisa, we have had some substantial discussion up here and Mr. Cavener
suggested that we get your comments.
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December 1, 2015
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Bachman: Yes. Thank you, Mayor and Council. For the record Lisa Bachman with JUB
Engineers. You guys talked about a preference. If you're looking for specific changes, for
us to do some addition research, looking at the future roadway connectivity to the parcels
to the south, things of that nature, specific layout changes you would like to see, I would
recommend that you remand it back to P&Z to have them review it, because I think it
would be significant enough change to where they should be able to make a
recommendation off of the updated site plans. Not that we want to keep coming to
hearings and doing this over and over again --
De Weerd: I'm sure everyone behind you would agree to that.
Bachman: Right. But that would probably be the right thing, rather than trying to redesign
everything. However, like I said, we would need some guidance on what exactly we
would be doing between now and being remanded back to P&Z. We have reduced the
density. We have taken it down from three to two stories. What else would you like to
see? So, if we can get some guidance that way, we can go back and see what we can do
and work that through the P&Z and, then, be back before you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I know I have concern about the traffic circulation and considering the
properties to the south.
De Weerd: Is your microphone on?
Zaremba: It is, but I'm not very close to it.
De Weerd: Okay.
Zaremba: Would you consider coming up with a design -- the current apparent central
access that as the bump on most of these drawings, would you consider making that a
public street that connects to the south as a stub street?
Bachman: Councilman, we would have to talk to the client about that and look at doing
that. That could further increase the issue and the concern that some of the neighbors
have with having everybody coming onto Easy Jet and using that -- using that access to
access their properties from the south.
Zaremba: To me that doesn't change your suggestion, it only changes what driveway
they come out of. If I understood what you're proposing, everybody would come out of the
curb cut. If everybody to the south that uses this as an access would come out of the curb
cut that's closer to Eagle -- and I'm not changing the quantity of people that would come
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December 1, 2015
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and go, I'm just trying to make it easier. I think being farther away from the Eagle
intersection would be better and I would suggest making it a public road.
Bachman: Okay. So, what you're saying, just so I understand correctly, make it a public
road, the center access --
Zaremba: Uh-huh.
Bachman: -- where we are showing the circle and, then, would you want the access to be
closed on the commercial area or have that connect? Because what we are doing if we
close that off, then, we are going to be pushing all of the access out onto Eagle Road and
there isn't a signalized intersection until you get to Victory Road. Easy Jet is a signalized
intersection and as properties develop to the south it would -- have you ever gone into a
commercial development and you had to go around and out -- go around -- you're smiling.
Some people know what I'm talking about, so -- I mean anything that we can do to
improve the traffic circulation we can definitely look at. As far as making that a public
road, I can't -- I can't answer that, but that's something I can take back and talk to the
client about.
Zaremba: Appreciate that.
Bachman: But I'm not sure that that would address the concern.
Zaremba: But I'm not sure that's a solution and, actually, trying to imagine what is going
to happen on those properties to the south -- it's too soon to even go there, I guess.
Bachman: That's the thing. And it's not annexed in. It's still in the county. So, really, all
that we can go by is the mixed used designation that's in the comp plan.
Zaremba: Well -- and my recollection is the people of those properties all got together
and had some input to the Comprehensive Plan . The designation there is something they
have already asked for.
Bachman: Right.
Zaremba: But how that's going to design out I don't know and how that would impact the
access through your property I don't know.
De Weerd: At least it would allow you to work closer with ACHD and even know what the
access opportunities are on -- on those properties to your south, so you can better answer
some of the questions and -- and tell Council whether it makes sense having a public road
there or not.
Bachman: Mayor and Council, might I suggest -- I don't know if Justin Lucas is familiar
with what the approved access is, but my guess is -- as I pointed would be at the quarter
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mile, probably, to align with that access to the southwest. Would it be okay if he came up
to -- to speak to that if he has anything to add?
De Weerd: Council, do you want to have that information out? Is it going to impact what
you do or do you want that for future information as the consideration for other -- I just --
it's not Justin that I don't want to hear from, it's just -- do we need to prolong the misery.
Bachman: So, Mayor and Council, just so I understand correctly, you would like us to go
back, work with ACHD, find out what the future access plan is for this remaining area and,
then, at least report that back in our next -- or reflect any changes in our site plan if it
doesn't -- because it might not impact the site plan.
Zaremba: Madam Mayor, I think my question would be how does that work into the
circulation of traffic through your property.
Bachman: Okay.
Zaremba: And I'm willing to hear yes or no, on the -- on the public street, but I'm
suggesting that.
Bachman: Mayor and Council, I think if that's -- if I'm limited to that issue I don't know that
we would need to be remanded back to P&Z, depending on the outcome. Maybe we
could do it that whatever we find in our research and coordination with ACHD, if that does
impact the site plan, then, we would be remanded back to P&Z. Is there any way that we
could work something out that way or --
De Weerd: I have heard it's not just the connectivity to the south and public or private.
There is concerns about density and material, compatibility --
Zaremba: Madam Mayor --
De Weerd: -- buffering.
Zaremba: -- I was not intending that to be the whole list of questions, but I'm just getting
my foot in to get that one question in.
Bachman: Okay. Thank you. I apologize.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, I will put in my two cents, if that's what we are all going to do right now.
Whether it's worth two cents or a nickel. But what I would like to see is -- and this is a fine
development, I just don't think this is a fit. So, I would like to see R-8 zoning, I think that's
a proper transition, and whatever multi-family that you can fit in there and, then, as the
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December 1, 2015
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neighbors were wanting it to be the same design in accordance with the subdivision t hat
it's in. There were my main things.
De Weerd: Okay. Mr. Cavener.
Cavener: Well, I think the --
De Weerd: Do you want to talk into your microphone?
Cavener: Oh, yeah. Sorry. I think engaging the architecture committee from the
homeowners association, what their standards are -- again, my assumption is that you're
going to be really close on that, but if I'm wrong it gives you an opportunity to have that
discussion.
De Weerd: And since we are just giving you ideas to consider, in light of the school
district's letter, you might even think about mirroring Sutherland Downs in terms of the 50
and older or maybe it's 45 and older. Don't want to offend anyone. But that you address
some of the concerns of the impact it will have on the school overcrowding and that sort of
thing and certainly the compatibility of a more mature audience or neighborhood that
would be more synergistic to the development across the street. Just a suggestion.
Watters: Madam Mayor -- excuse me. If I may clarify again. I have heard this mentioned
a couple different times on the R-8 zoning, multi-family. The UDC does not allow multi-
family developments in the R-8 district. You could still -- without the rezone do the multi-
family as it sits today, but I would not recommend rezoning to an R-8 for a multi-family
development, as it's a prohibited use.
Milam: Thank you.
Watters: However, you could restrict the density to the R-15 district.
De Weerd: Using the R-15 with a specific density --
Watters: Yeah.
De Weerd: Any other comments from Council as the applicant looks for that feedback on
-- and certainly the -- the suggestion was to work with the neighbors and maybe get some
additional ideas as well. Anything further from Council? We did reopen this to have a
conversation with the applicant. Anything further?
Rountree: Madam Mayor, I suggest to Lisa to get the -- a copy of the transcript and
review that.
De Weerd: Okay. We opened it to address the applicant. Unless Council wants to open
it up for further -- okay. Okay. Anything further from Council?
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Cavener: All right. I'll move we close the public hearing then.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor? Question. A continuance or a remand? It seems to me a
remand might be in order. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we remand this item back to Planning and Zoning to hear the
applicant's approach to the comments that they have received this evening and start it
over through the process.
Bird: Second.
De Weerd: Mr. Nary, we probably need a little bit more than that.
Nary: Because there has been so many comments, Madam Mayor, Members of the
Council, I mean if you could at least summarize that I think that would help. What I heard
was access to the south, I heard compatibility with the neighborhood in regards to design.
I think you talked about buffering between the neighborhoods, the density between these
two neighborhoods and what's the appropriate zone. I think you also mentioned whether
a CMU wall might be appropriate in a section and, again, the access to the south.
Whether an alternative street or collector street or neighborhood street needs to be
created to be able to provide access, not just to this property to the south, but also access
to the southern properties -- between this property and Victory Road. I don't know if I
have missed any, but something like that would be helpful, I think, to the applicant and to
the Planning and Zoning Commission.
Rountree: And I concur. And thank you, Bill, for that summary. And I will add that to my
motion.
Bird: Second agrees, too.
De Weerd: So, that was his motion and second agreed?
Bird: Amen.
De Weerd: Yes? That was a yes, Mr. Bird?
Bird: Yes.
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December 1, 2015
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De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. We appreciate all of you bearing with us this evening and the
action just taken by Council is pretty much they don't agree that this is compatible and
have remanded it back to the Planning and Zoning Commission, so the applicant has an
opportunity to redesign what they are looking for approval for and so it will be reposted for
a public hearing when that time occurs. So, Council, I'm going to call a recess for ten
minutes.
Watters: Madam Mayor, are you assigning that a specific date back to the Commission or
do we need to?
Bird: No.
Nary: Well, Madam Mayor, Members of the Council, if you -- is it all right to have a
specific date? I don't know what the Commission's schedule is, but if you do that you
wouldn't have to renotice, but there is a lot of interest here and renoticing may be more
appropriate.
De Weerd: I think renoticing is more appropriate and I think they have a good network,
they will get it out to -- not to several, but many. So thank you.
(Recess: 9:42 p.m. to 9:58 p.m.)
C. Public Hearing for Village Apartments (AZ 15-012, CUP 15-019
and MDA 15-011) by DevCo Located at 2600 and 2700 N. Eagle
Road
1. Request: Modification to the Development Agreement to
Include a Conceptual Development Plan for the Property and
to Remove the Requirement for Detailed Conditional Use
Permit Approval of Future Uses
2. Request: Annexation and Zoning of 0.38 of an Acre of Land
with a C-G Zoning District
3. Request: Conditional Use Permit Approval for a Multi-Family
Development Consisting of 336 Dwelling Units on 16.68 acres
of Land in a C-G Zoning District
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December 1, 2015
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De Weerd: Okay. Council, we will reconvene and move to Item 7-C, a public hearing for
the Village Apartments, AZ 15-012, CUP 15-019 and MDA 15-011. We will open these
public hearings with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next applications
before you are a request for a development agreement modification, annexation and
zoning, and a conditional use permit. The overall site consists of 16.62 acres of land. It's
currently zoned C-G and RUT in Ada County and is located at 2600 and 2700 North Eagle
Road. The majority of this site -- the red area here, 16.44 acres, was annexed in 2003 as
a pathway for annexation for Redfeather Estates Subdivision to the east. The site has
remained a residential, agricultural property since that time. The existing development
agreement requires any future uses on the property to be approved through the
conditional use permit process and for a backage street to be provided parallel with Eagle
Road. A conceptual master plan is required that demonstrates interconnectivity,
transitional uses, and access points. The applicant is requesting a development
agreement modification to remove the requirement for a conditional use permit on all
future uses and to include a conceptual development for this site as required. And this is
a copy of the proposed concept plan. Annexation and zoning is also requested of the .38
of an acre of land property. That's this little tiny one here that runs on Eagle Road this
way. With a C-G zoning district, consistent with a future land use map designation of
mixed use regional for this property. A conceptual site plan was submitted as shown that
shows this portion of the overall site developing with a retail, commercial building pad and
that's approximately in this area right here. The applicant requests this site be included in
the existing development agreement for the larger portion of the site. However, because
the current development agreement also includes the property to the south where the
Great W all Restaurant is located, staff recommends a new development agreement is
required for the subject property to include the surrounding land that is included in the
conditional use permit request. A conditional use permit is requested for the development
of a retail, commercial, and multi-family residential uses on the subject 16.62 acre
property in the C-G district as required by the current development agreement and the
UDC for a multi-family residential development in the C-G district. A concept plan for the
overall site shows three retail commercial building pads, consisting of 3,500, 4,000 and
7,000 square feet along the frontage of North Eagle Road and one 14,000 square foot
retail building east of the building pads on a total of 5.23 acres of land and that is this
whole area right here, if you can see my pointer there, fronting on Eagle. The commercial
portion of the site is proposed to develop with phase two. The multi-family residential
development is proposed to consist of a total of 336 dwelling units. That's 136 one
bedroom units and 200 two bedroom units within 11 four story structures , ten of those
being 32 plexes and one being a 16 plex on 11.39 acres of land on the eastern portion of
the site fronting on North Records Avenue. Associated garage and carport structure and
two 18 bay storage unit structures are also proposed. Parking complies with UDC
standards for multi-family developments and for the clubhouse building. A minimum of
1.92 acres qualified open space and site amenities proportionate with the number of units
in the development is required to be provided in accord with UDC standards. A total of
2.15 acres is proposed in accord with UDC standards. Proposed amenities include a
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December 1, 2015
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clubhouse with an exercise room and enclosed bicycle storage. A bicycle -- let me back
up for a minute here. Which is easier to see? This plan right here. Center of the
development is where all the common area is proposed, if you can see my pointer here,
this is the clubhouse, swimming pool, playground area and, then, a large open space
area. The clubhouse contains an exercise room, an enclosed bicycle storage. There is
an external bicycle repair area right here. A swimming pool and a tot lot with play
equipment, two shade structures, one within the pool area and one by the playground and
a 50 by 100 open grassy area north of the pool in accord with UDC standards. Only one
public street access is proposed to the site via North Records Avenue. That is right here.
Other accesses are proposed via cross-access driveways between adjacent properties
with access via Eagle and Records. The adjacent site -- you can see here at the
northeast corner of the site will have a cross-access to Records and there will also be a
cross-access to the north here. And, then, cross-access is proposed to the south also. A
35 foot wide landscape street buffer with a ten foot wide multi-use pathway and pedestrian
lighting is required along Eagle Road, an entryway corridor with the second phase of
development and a 20 foot wide buffer is required along North Records Avenue, a
collector street, with a five foot wide detached sidewalk with the first phase of
development. Records Avenue is anticipated to be constructed by Center Cal, the
developer of The Village at Meridian in t he near future. However, if the property develops
first this developer will be responsible for extending the road. Conceptual building
elevations are proposed for the multi-family structures and the clubhouses -- excuse me --
clubhouse, garages, carports, storage buildings and garage maintenance building. No
building elevations were submitted for the future commercial buildings. Building materials
for the multi-family -- in the clubhouse consist of fiber cement board, horizontal lap siding
and stucco, with architectural laminated fiberglass roof shingles. All structures on the site
are required to comply with the design standards in effect at the time of application for
certificate of zoning compliance. So, this is the clubhouse that you're looking at here and
the multi-family structures. Commission did recommend approval of these applications.
Jim Conger, the applicant's representative, testified in favor. No one testified in
opposition. Folks that commented were Martin McWilliams, Brenda Ross, Dick Ross,
Mark Rogers and Ann Sorenson. Written testimony was received from Jim Conger in
response to the staff report. The key issues of discussion by the Commission was a
concern in regard to the project compliance with open space standards. The applicant
has since the hearing submitted a revised open space plan to me with calculations that do
demonstrate compliance with the UDC minimum standards. Key Commission changes to
the staff recommendation. The first was to modify condition number 1.1.5 to require the
street buffer and associated pedestrian pathway and lighting along Eagle Road to be
constructed with the second phase of development, rather than the first phase and to
include a new condition requiring the existing structures on the site to be rem oved prior to
issuance of the first certificate of occupancy for the site. And that is condition number
1.1.9. There are no outstanding issues for City Council and there has been no written
testimony received since the Commission hearing. Staff will sta nd for any questions
Mayor and Council may have.
De Weerd: Thank you. Council, any questions for staff?
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Sonya, why would we want to remove the CUP approval for all uses on that front out
there when you could add drive-thrus and everything else getting onto Eagle Road?
Lights and stuff.
Watters: Madam Mayor, Councilman Bird, we used to do that a lot, require conditional
use approval before we had specific design standards, so that we had some contr ol over
what was built on a property. A drive-thru, for instance, would still require a conditional
use if it's within 300 feet of a residential use, a residence, or another drive -thru facility.
And a conditional use would still be required for any uses in the UDC that would still
require conditional use in the C-G district.
Bird: That's what I'm trying to get across, because if you read that -- but like I said, in our
deal if -- of all CUP approval for all uses. Okay.
Watters: Yeah. No, it did not mean for all uses.
Bird: But it means for -- what requires conditional use permit still is in effect.
Watters: Yes. Correct.
Bird: Okay. Thank you, Sonya.
Watters: Thank you.
De Weerd: Any other questions for staff at this time? Okay. Is the applicant here? Good
evening. If you will, please, state your name and address for the record.
Conger: Good evening, Madam Mayor, Members of the Council. Jim Conger with Devco,
4824 West Fairview. Thank you for allowing us to be in front of you tonight again. We are
super excited to be here with this multi-family project. First, thanks to your planning team.
We have gone through a lot and we appreciate their insight and code experience to get us
to where we are at this point with this approval process and we are grateful that we do --
do have recommendation for approval on this project. I'm going to skip the details and
things that I had to present. It's been a very busy night and Sonya was very thorough and
I think detailed. If you do have questions on some of our amenities, like our spectacular
community center and coffee shop environment and hip things of that nature, more than
happy to go into it. Moving -- there we go. We are both driving. That's still on me. So,
first and foremost we are pleased to be here with our approval at the -- approval for
recommendation from the Planning and Zoning Commission and their unanimous
complimentary feedback on the architecture. I think that's one of the important items to
the success of this project. The design is a fresh, modern look that will differentiate our
apartments from some of the other apartment homes that are currently on the market.
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December 1, 2015
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Our typical resident is going to be a little more -- or a little more urban with a similar profile
to a condo buyer, with the proximity to The Village and the Kleiner Park and things of that
nature. To further illustrate our community I'm going to just quickly go through this 30
second video and I might need Sonya's help starting this. And I promise it's 32 seconds
or less. Kind of give you a feeling of our layout, our open space, and our middle
programs. If you would put your cursor on it it should fly. I can't run a cursor, for some
reason off this end of it. There we go. Bottom left.
Watters: Oh. Sorry.
Conger: Yeah. Thank you.
Watters: It's late, Jim.
Conger: It is late and I keep coloring red on it. Will it let you play? I have only tested it
about 14 times between yesterday and today. How do I get the marker off?
Watters: Erase it.
Conger: No dice.
Watters: Let me try something here real quick, Jim.
Conger: It is spectacular, however. But we just may not be able to watch it. There it is.
Put your mouse on it one more time, would you? Well, go back to that oth er frame. Now
go down and put your mouse over it, it will show up. There we go.
Watters: There it is.
Conger: It better be spectacular, it was a long wait. Thank you, Sonya. So, our setbacks
of record match the existing Regency or exceed -- most of them exceed their setbacks
from Records and our open space, the big emphasis is in the center and, then, our buffers
to the outside perimeters, with single car garages and, you know, no structures at all.
And this project is trying to bring the four story or the density into that Village core area
where I think you have enough restaurants and other items to preserve it. Sorry, Sonya, I
will get back to the -- yeah, that little bar that disappeared on me. One more slide. There
we go. Now I'm in control. I'm with you. So, in closing we have one condition of the staff
report that -- that we are all in agreement with, I guess just needs to be finalized, which is
the 20 foot buffer, as Sonya indicated, will go with the phase one multi-family, the
construction of it. The 35 buffer -- or 35 foot wide buffer that goes to Eagle Road with the
phase two of the commercial, the condition that was put on us from the Planning and
Zoning Commission, their recommendation was to clean up the ugliness along Eagle
Road, which is the existing house, the existing structures, and all of that is going to be
forced upon the phase one multi-family, which we are in total agreement with and should
be done and we would want to do that anyhow. So, that added layer of condition is
certainly acceptable and with that I would stand with any -- for any questions.
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December 1, 2015
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De Weerd: I'm not sure if this is a question for you or for Perry. What is the secondary
access of, you know, you have the primary access out onto Records, what is your
emergency backup?
Conger: Madam Mayor, Members of the Council, our emergency is we have emergency
to the north, either west of Norco through our commercial and a temporary and we also
have it to the project that you just previously approved that is direc tly north of us, which is
more of a townhouse type environment neighborhood, but it was all rental type units. So,
we have --
De Weerd: Okay. So, those are existing -- they are existing --
Conger: Existing easements.
De Weerd: Thank you.
Conger: Thank you.
De Weerd: Any questions for the applicant at this point? Okay. Thank you. I'm glad you
got your fly over working.
Conger: I feel a lot better. Thank you.
De Weerd: I did have a couple of people that did sign up. When I call your name if you
would like to provide testimony I would invite you forward at that time. Steve Smiley.
Signed up as neutral. Nice to see you, Steve.
Smiley: Good to see you, Mayor Tammy.
De Weerd: If you will, please, state your name and address for the record.
Smiley: For the record my name is R. Steve Smiley. I live at 3662 East Granger, directly
behind this. But my concern is -- I'm not here speaking in opposition, but, you know, as I
looked more closely at the design, I do have a couple of concerns about the design and
I'm not quite sure the correct way to address them. I will just say them, since the hour is
late. A couple of things is, number one, we have a very large development of well over
300 units. With all of that traffic easing in and out of one single contact point on Records,
which will dramatically increase the traffic into Redfeather Subdivision and I am very
interested that adequate traffic mitigation procedures be put into place, because as the
people in the previous hearing indicated, that would create -- with all of the traffic from The
Village, all of the traffic from these apartments, all of the traffic coming into the residual
businesses there, plus the park and if there was a concert into the park or anything like
that I can imagine that hit is going to be bumper to bumper traffic of everybody taking
shortcuts to avoid Fairview and Eagle coming right by our doorway and that really has me
concerned and I -- I would like to see what exactly will be done to prevent people once
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Records is put through from basically using our subdivision as a thoroughfare to avoid
Eagle Road and I know that having Records there will be a great advantage, because the
access will be easiest to get to to either use River Valley to access Eagle or to co me down
to Ustick or to come through The Village and through the roundabouts to get back out to
Fairview. But I do worry about the access to Eagle Road and the single access only going
out to Records. I would much prefer some kind of an access that would get us into that
shopping area there on Eagle Road to prevent possible bottlenecks. The second concern
I have is just one of mitigation. When the Regency apartments were constructed we had
quite a bit of problems with people -- construction workers getting started at 6:00 in the
morning and playing loud music until 10:00 o'clock, 11:00 o'clock at night and that went on
all summer and I know that they are not supposed to do that, but we know they do. And
also the -- the whole issue of landscaping, sound mitigation, I think it's really important that
we have adequate landscaping on the frontage that would mitigate the sound, mitigate
some of those things, so that we can have the peaceful enjoyment of our property as well.
We don't want to have a noisy, bang, bang, engines going off and things like that going on
in the middle of the night. There is enough residual sound from Eagle Road . So, those
are concerns and I would really like to hear the developer address those concerns,
especially the idea of access and the idea of sight, sound, and visual mitigation there, so
that we don't have people up on the fourth floor looking into our bedrooms.
De Weerd: Thank you. Reed and Linda Hansen signed up against. Okay. And Patrick
Flaherty signed up against as well. Is there anyone here who would like to provide
testimony on this item? Okay. Council, any questions for the applicant or for staff?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Could we look at --
De Weerd: Are you turned on?
Zaremba: Could we look at a site plan? That -- yeah. That's what I was looking for.
Excuse me. Between the commercial area and the residential area at the very north end,
is that an access point? It looks to me like that's a continuous roadway. Is it going to be
gated or is it going to be open so people can use it?
Watters: Madam Mayor, Councilman Rountree, if it's right here where you're referencing,
that will be open.
Zaremba: Here to the left. Is that a drive-thru? I mean driveway or pass through or
whatever?
Watters: This is all a driveway here.
Zaremba: Okay. With no obstructions.
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Watters: No obstructions.
Conger: Madam Mayor, Council Member Zaremba, yes, the -- there will be a secondary --
not just a fire, but a secondary access -- this machine is -- we are going to have to
maintain the machine here. But that -- it's not letting me draw on it, which is kind of like
my mouse, it doesn't want to stop and I always want to draw. But back on the site plan,
we have a secondary access out and a cross-access to the existing commercial that's
there. So, we will have more than one -- putting fire aside, from a daily access point there
will ultimately be more than one point. The other would go out to Eagle Road.
Zaremba: Thank you.
De Weerd: Okay. Any other questions for the applicant or staff? Thank you, Jim.
Zaremba: Madam Mayor, now that he has gotten seated, I do have another question.
The four story buildings -- I realize are set back beyond a driveway, beyond the garages.
Would you be able to give me an idea of -- what is the distance from closest four story
building to a house that would be on the other side of Records?
Conger: Madam Mayor, Council Member Zaremba, that's an excellent question and was
a point of confusion at the first part of the Planning and Zoning Commission hearing from
neighbors and the Commission. So, it is imperative that everybody understands that you
have already approved the Regency apartments, which are the black -- the three black
buildings that are four stories tall that are approximately 22.9 feet behind the back of curb
of the future Records Road that's not built yet that backs up to the existing Redfeather.
Our project, which is north of Redfeather, does not back up and we took a little different
approach from the neighborhood meetings and other things about a different buffer. We
are not closer than 120 feet to our four story structure versus the 22.9 feet that you have
previously approved that backs up to the Redfeather homes. We have these county
residents besides us that are on very large lots, their closest home is 645 feet away. So,
we aren't adjacent to Redfeather.
Zaremba: Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Jim, I have a question similar to what was asked of the last applicant. As far as
the -- the letter from the school district, do you have a response?
Conger: Madam Mayor, Council Member Milam, I don't know that I have a response. I
feel that that letter is getting written a lot and that helps the bond measures and passing
bonds for future schools, so I believe we should always worry about our schools and
continue to push bonds and I think that's a standard letter that we are seeing, not only in
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December 1, 2015
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Meridian, but in Boise. So, I don't know how to response to that. But it seems like we are
always over capacity and continue to educate our children, which is a wonderful thing.
Milam: Thank you.
De Weerd: It is a wonderful thing and it is a growing concern of our residents that have
bond fatigue and would like to see additional tools developed that help growth pay for the
impact they have on the necessary services. So, it is a discussion and one that has no
answers right now, because the state doesn't give us any tools to answer it. But we are
hoping that the state will enter into that dialogue, because they are not adequately funding
our schools and so I think our schools are -- are trying to make a statement.
Conger: Madam Mayor, I couldn't agree more on the funding statement and how
everything is somewhat managed, but we probably don't have enough time to solve that
for sure.
De Weerd: Yeah. I guess we can't expect you to stand there and solve that --
Conger: I would love to. I'm not sure everybody would love my ideas.
De Weerd: I will let Mr. Smiley --
Conger: Yeah.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: What's the timing on phase two?
Conger: Yeah. Madam Mayor, Councilman Rountree, that is a great question. We are
working through -- of course we control it as well, so it's not like we are looking for a
separate developer or something of that nature. We have -- we need two key end users
for us to be able to pull the trigger on that and get come comfortable enough to finish the
site plan to bring it in front of you the conditional use permit. Short term is the answer.
With commercial is that six months or is that ten or 12 months? We don't believe it's
years, but we believe it's very near in the short term for sure.
De Weerd: It's kind of funny you use pull the trigger considering what's in that area right
now. You are cleaning that up. Is that what I understood?
Conger: Yeah. Yeah. Madam Mayor and Members of the Council, that condition was
recommended with Planning and Zoning and we actually have no issue at all with that.
We will clean it up even for ourselves and our multi-family, so we don't have to look at it.
But we are removing houses and structures, cleaning it up, tremendous amount of cars,
they will all be gone.
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De Weerd: And maybe you might want to have our public safety officials tell you what has
been found there in the past that you might want to be aware of.
Conger: I don't think we would want to know.
Rountree: Madam Mayor?
De Weerd: Just saying. Yes, Mr. Rountree.
Rountree: On the request -- or the direction from Planning and Zoning to defer the
landscape buffer on Eagle Road to phase two, I'm a little uneasy with that. I would like to
see some time certain that if by time X it's -- you don't have phase two ready to go that
you get the buffer and landscaping done. I'd like see that for the benefit of the future folks
in the apartments, if that moves forward, as opposed to being in a situation where you get
half the apartments built and things do what they did a few years ago and, then, all of a
sudden we have got that wasteland out there yet on Eagle Road. I'd like to see it done.
So, I guess your comments on that.
Conger: Madam Mayor, Council Member Rountree, we have a strong opinion on that and
part of our issue with -- with this is this canal has got to be tiled, we have got to get our
vertical -- first things first. We have got to get a couple anchors to figure out our site plan,
which we don't have figured out with the commercial. That will help us set whether or are
getting buildings towards the front or parking towards the front, working through your UDC
code. We have vertical elevations that got to get figured out, you know, past that buffer.
So, between vertical elevations we have several gravity irrigation pipes, we have the giant
tiling, which is going to require basically a bridge, but it's tiling, but you can see the box in
the back. We have a significant amount of abnormal improvements. It's not as simple as
just putting a sidewalk across that, because our frontage is relatively short. We probably
wouldn't be sitting here having -- I still have problems with the vertical grade and making it
work. But we have some very significant issues that we have to have a commercial site
plan in place to do that. Not sure we quite own to where the last sidewalk ends, but I
know why they ended it there. But we will have to tie into it at our expense. So, I guess
with all due respect, we don't think we are that far away with commercial and the
commercials needs to be planed, everything needs to be appropriate. If we scab in a
sidewalk that's not right, the next you know we are tearing it back out and the people are
used to walking and now they don't have it to walk on. So, I guess we would -- with all
due respect we would love to clean the site , but we really need to have the proper plan
and we have to spend a tremendous amount of money to actually get that sidewalk in .
Rountree: So, I guess my question is are you opposed to s etting a date certain at some
point in time -- for some point in the future or not?
Conger: Madam Mayor, Council Member Rountree, we are opposing that and that was
why I used the respectfully opposed, because we are respectfully opposed to that time
frame. While we think it's very soon, but it -- but even if it is 12 months, instead of six
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December 1, 2015
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months or 14 months, it's still not getting in until someone goes and drops about a 90 to
110 grand in the tiling of the ditch and several other items and that's not g oing to -- that's
quite a burden to get that in.
Rountree: I don't mind a candid answer. If it's no it's no.
Conger: It's no. Yeah. I beat that bush, didn't I.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a sideways observation. If the building that's -- that seen to the right of the
canal in this picture, the Great Wall Restaurant, when they were approved their access to
Eagle was made temporary, meaning that when they had a backage road or something
that they can access, that Eagle access was supposed to go away. I think it was always
expected that they would access south. You're saying you're going to have to tile this
canal. Are you going to cross-access with them?
Conger: Madam Mayor, Council Member Zaremba, no, there is no intention to cross-
access with them. They don't have any existing easements and we know we have got to
design and take all our access to the north. We are saying tiling, because it -- even
though that would be our buffer and the commercial could come over it, we are assuming
we are going to have to tile that just from an esthetics and safety an d everything that goes
with that. It's one of the last stretches that's not tiled.
Zaremba: Okay. So, the only thing you're going to bridge is to get a sidewalk, not to get a
vehicle access behind these buildings?
Conger: Very much correct.
Zaremba: Okay. Thank you.
De Weerd: I think that water amenity for your pad to the south would be -- you could
improve it to have a water feature.
Conger: We might not be opposed to that. We like that.
De Weerd: Outdoor dining.
Conger: There you go.
De Weerd: Enjoying the traffic of Eagle Road.
Bird: You could do something with that water.
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De Weerd: Just thought I would plant the seed .
Conger: Madam Mayor, we appreciate that and when we start getting one more anchor
we are going to site plan it and maybe we will leave that portion open. That would be
nice. Nice on the budget.
De Weerd: Everyone is looking for fine dining. Fine dining.
Conger: Fine dining.
De Weerd: Any other questions, design suggestions, anchor tenant ideas? Okay. If
there is nothing further -- thank you.
Conger: Thanks for your time.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on AZ 15-012, CUP 15-019 and MDA 15-011.
Milam: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Question for Mr. Nary. We would go with the MDA and, then, the zoning and the
CUP, in that order, or do you do the zoning, CUP and the MDA?
Nary: Madam Mayor, Members of the Council, Council Member Bird, I think the zoning is
such a minimal part, I think you do the development agreement first and, then, the others.
Bird: That's what I thought. Okay. Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve MDA 15-011 and to include all staff and public --
applicant comments.
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Milam: Second.
De Weerd: I have a motion and a second to approve this application. So, we are starting
with the development agreement.
Bird: Yeah. The modification.
De Weerd: Okay. Any discussion from Council? Okay. Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 15-012, the annexation and rezoning of .38 acres of land to
C-G zoning district.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-C-2. Any discussion?
Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 15-019, the approval of the multi-family development,
consisting of 336 dwelling units on 16.68 acres of land to C-G zoning and include all staff,
applicant, and public testimony.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-C-3. Would this be where
the modifications -- are we approving everything as suggested by --
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December 1, 2015
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Bird: Staff?
De Weerd: -- staff?
Bird: Applicant.
De Weerd: Oh, staff and applicant. Are you on the same page?
Watters: Madam Mayor, is the Council recommending any changes to the staff report?
Bird: No.
De Weerd: Okay. Okay. Any discussion from Council? Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried. Thank you.
MOTION CARRIED: ALL AYES.
D. Public Hearing for Sundial Circle Subdivision (PP 15-018) by
Conger Management Group Located 2250 W. Whitelaw Drive
1. Request: Preliminary Plat Approval Consisting of Eleven (11)
Single Family Residential Lots and One (1) Common Lot on
Approximately 2.54 Acres in the R-4 Zoning District
De Weerd: Okay. Item 7-D is a public hearing on PP 15-018. I will turn this -- I will open
the public hearing and ask for staff comments.
Beach: Good evening, Madam Mayor, Members of the Counc il. This before you is an
application for a preliminary plat. The location of this specific project is south of West
Ustick and west of Linder. A little history on the project. In 1994 the subject property was
annexed and zoned as R-4 as part of the Turtle Creek Subdivision. At the time the
subject property received preliminary plat approval for 40 lots as part of the Turtle Creek
preliminary plat. Also in 1994, at the time of annexation of the subject property, a
development agreement was entered int o for this -- for this area. The first application
submitted by the applicant was approved in March of 2007 as preliminary plat 06 -060.
The final plat was approved in May of 2008 and the applicant had until April of 2009 to
obtain the city engineer's signature on the final plat and failed to do so. The preliminary
plat expired at that time. Although this preliminary plat is new, the development
agreement provision tied to annexation of the subject property are still in effect. A
summary of the request. The applicant, Conger Management Group, has submitted an
application for preliminary plat consisting of 11 single family building lots and one common
lot on 2.54 acres of land in the current R-4 zoning district for the proposed Sundial Circle
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Subdivision. Qualified open space and site amenities are not required to be provided for
developments below five acres in size, as per the UDC. However, the applicant is
proposing to construct a micropath lot -- which I will show you here on the site plan. The
applicant is proposing to construct a micropath lot here that will connect to the already
existing path that's going to stub from the Sundial Subdivision as it currently exists.
Access for the development is proposed from West Whitelaw Drive via West Turtle Creek
Drive, which is a residential collector street and any proposed roadway will terminate in a
cul-de-sac. You can see there is some -- some architectural renderings that were
provided by the applicant as to the -- the architectural style and material to be used as
part of the development. A summary of the -- the Commission recommended approval.
Summary of the Commission's public hearing -- Penelope Riley, acting as the -- the agent
responded in favor. Received a letter from Mike Heubschmann in opposition. Jon
Lewellen commented and we received written testimony from, again, Mike Heubschmann
and Penelope Riley, the applicant. Key issues of discussion by the Commission were the
pathway connection to the existing Sundial Subdivision. The number of proposed lots in
the subdivision. And the proposed lot sizes. There were no key changes from the
Commission and there are no outstanding issues for the City Council. And written
testimony since the Commission hearing was received by Michael Hopp. Are there any
questions for staff?
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor, if I may. The reason this funny little circle in the middle of a
developed subdivision exists is that when it came through for development we prohibited
development in the circle, because there was a significantly tall radio tower there and we
said they couldn't develop within twice the fall height of the tower. Can you confirm that
that tower has been removed now?
Beach: Yes, I can.
Zaremba: Okay. Thank you.
De Weerd: Any other questions from Council? Would the applicant like to make
comment? And I will tell you that tower was the beacon light of when we were almost
home for my kids for years. Thank you for joining us. If you will, please, state your name
and address.
Riley: Of course Riley Planning Services -- Penelope Riley. Riley Planning Services.
Post Office Box 405, Boise, Idaho. 83701.
De Weerd: Thank you.
Riley: Thank you for your time this evening. I'd like to begin by stating that the applicant
and the project team would like to extend their thanks to Bill and Joshua for all their
assistance. As always they were very professional and helpful and insightful. The
applicant has reviewed the staff report and concurs with the conditions of approval.
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December 1, 2015
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Sundial Circle preliminary plat completes the Sundial development. As provided in the
application packet, a conceptual plan was submitted to the City of Meridian. Previously it
was Sundial Subdivision No. 1. The proposed subdivision plat is for 11 residential lots
and one common lot. As Josh mentioned, the common lot is to provide a connection to
the existing path that's to the north and west of our site. This subdivision will be Sundial
Subdivision No. 3 at final platting. A revised plan was submitted to include density
information. With Sundial Circle we captured some of the unused density that was part of
the previous two phases of Sundial. So, even with -- with the capture we are still at 3.69
units per acre across the entire Sundial Subdivision. This is consistent with the R-4 zone
designation. I have to apologize, in the time I have been sitting here this evening I have
felt this really magnificent sore throat starting, so I'm a little wonky. I apologize. These
lots will be consistent with the surrounding residential lots and conform with the
development agreement stipulations from 1994. All the lots exceed the 8,000 square foot
minimum area. The cul-de-sac complies with the ACHD and fire department standards
and the setbacks will match the setbacks in the adjacent subdivision. Photographs
submitted with the application show the applicant's intent to use varying roof and wall
plains, window placement and attractive color combinations to create a subdivision that
blends with and compliments the surrounding residential development. With Sundial
Circle the empty lot will be replaced with residences and the new owners will contribute to
the existing HOA. Now that the cell tower has been removed, the Sundial development
can be completed. At our neighborhood meeting -- and I missed my notes I guess. We
had a neighborhood meeting on August 17th and the neighbors that came were very
adamant about their interest in this -- these 11 lots becoming part of the Sundial
Homeowners Association and the applicant agrees with that. The burden for making that
happen lies with the HOA. We can't make it happen. They have to agree as a group to
accept the 11 new lots. So, I will let them know again what my understanding of the
process is and I have offered my assistance as a notary to walk around and help them
with that if it's necessary. Anyhow -- so, we are going to join the HOA if we can. The fees
right now, according to the numbers in Sundial, are a little bit on the burdensome side.
So, the 11 new residences will help soften their burden a little bit. The existing PI system
will be extended into the site and the pump will be upgraded by the applicant to
accommodate the additional demand. The proposed subdivision meets the standards for,
R-4 and will fill in an empty lot at the center of a large residential area . Thank you for your
time and attention. I would be happy to answer any questions you may have.
De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor? Just a quick question regarding the CC&Rs and joining the
neighborhood association.
Riley: Yes, sir.
Cavener: If you're unable to come to an agreement with the other neighborhood, is your
plan then to just to mirror the CC&Rs of the other HOA?
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December 1, 2015
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Riley: Yes. Some of it is carried forward from the development agreement in 1994.
That's 8,000 square foot lots. I think the houses need to be a minimum of 1,400 square
feet. So, yes, I have actually pulled the CC&Rs from Sundial and included that in the
application packet. So, the continuity would be a good idea.
Cavener: Great.
De Weerd: Okay. Anything further from Council?
Borton: I have nothing.
Riley: Thank you.
De Weerd: Thank you. I did have one other sign up. James Ellington. Signed up for.
Would you like to provide testimony? Okay. It's noted that you are in agreement. You're
for this project. Is there anyone else who would like to provide testimony on this item?
James, thank you for sticking around to say you're for this application. You will need to
come up and now provide testimony. If you will, please, state your name and address.
Ellington: James Ellington. 2618 North Marburg.
De Weerd: Thank you.
Ellington: I'm actually the HOA president and I am working with getting a letter to the
other members of the HOA homeowners to try and get this third phase to join us, but I
have been busy the past two months dealing with some personal issues, so I'm a little
behind.
De Weerd: Well, we appreciate that you took the time this evening and you have that
point of contact, so thank you so much for joining us.
Ellington: Appreciate it. Thanks.
De Weerd: Thank you. Okay. If there is no one who would -- no one else who would like
to provide testimony, Council, any further questions for the applicant or for staff?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Since it doesn't seem like anybody does, I would like to move that we close the
public hearing on PP 15-018.
Bird: Second.
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December 1, 2015
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De Weerd: I have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve the preliminary plat PP 15-018 with all staff and applicant
comments. Public -- sorry.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-D-1. Madam Clerk, will you,
please, call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavene r, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
E. Public Hearing for Bull Ranch (AZ 15-013 and PP 15-017) by Gem
State ER, LLC Located at 6168 N. Elk Ranch Lane Denied
1. Request: Annexation and Zoning of 10.06 Acres of Land
with an R-8 Zoning District
2. Request: Preliminary Plat (PP 15-017) Approval Consisting
of Fifty (50) Building Lots and Twelve (12) Common Lots on
10.06 Acres of Land in a Proposed R-8 Zoning District
De Weerd: Item 7-E is a public hearing for Bull Ranch. AZ 15-013, PP 15-017. I will
open this public hearing with staff comments and my apologies to those who have actually
stuck around this long, that our City Council has lasted as long as it has, so -- but thank
you for sticking with us. So, staff.
Beach: Thank you, Mayor, Members of the Council. This is the -- an application for
annexation and zoning and a -- for Bull Ranch Subdivision. The site is located at 6168
North Elk Ranch Road, just south of Chinden and ea st of North Meridian Road, as you
can see in the zoning map and the aerial here. Excuse me. This is an application for
annexation and zoning and preliminary plat. So, this is the preliminary plat here. This is --
a little history on this. The subject property was platted as part of the Blythe Estates
Subdivision that was in Ada County and the applicant Gem States ER, LLC, has
submitted an application for annexation and zoning of 10.06 acres of land within a
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December 1, 2015
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proposed R-8 zoning district. A preliminary plat is also proposed consisting of 48 single
family residential building lots and nine common lots on, again, 10.06 acres of land for the
proposed Bull Ranch Subdivision. There is an existing home and associated outbuildings
on the site that will remain and become part -- the majority of which will remain and
become part of the proposed subdivision, which is Lot 25, Block 3. Access to the site
today, as I mentioned, is from North Elk Ranch Road, which is -- my mouse there. Which
is here, which actually provides access to the proposed Bull Ranch Subdivision and
another proposed subdivision that we just received application for and as part of this we
have asked that they terminate that access and take access through the Hightower
Subdivision and the Saguaro Canyon Subdivision to the south and, then, Hightower to the
east. The -- the applicant is proposing that the existing residence be allowed to continue
to the Chinden access until the second phase of development. And this is the proposed
phasing plan for the development. This being phase one and this section here with the
existing home to remain being part of phase two. Staff believes the applicant should
amend the phasing plan and include the existing home as part of phase one, so the
existing access to Chinden will cease and the private road easement can be vacated as
shown on the submitted preliminary plat in accordance with the USC. At this time there is
an existing six foot tall privacy fence along the south and east boundary of the proposed
development. Based on the area of the preliminary plat, which is 10.06 acres, a minimum
of 1.01 acres or ten percent of open space is required to be provided and the applicant
has proposed 10.2 percent open space or 1.02 acres in accord with UDC. Because the
open space is an integral part of the development and the irrigation facility must be
relocated to accommodate the subdivision design, staff believes the applicant should
develop Lot 1, Block 4, with the first phase of development, which is this lot here.
Amenities for the development include a picnic area and a community garden and a
micropath connection to the church property to the north, which they are pro posing here.
There is a singular common drive proposed for access to these lots here, as well as to the
existing home and, again, here for these homes that eventually will stub through. The
Commission did recommend approval. We received written testimony from Tamara
Thompson, who is the applicant for The Land Group . And summary of the Commission
public hearing. Jason Densmer was in favor. In opposition were Leann Major, Paul
Workman, Barbara Clark and Virginia -- I'm probably going to butcher the last name, but
Carutey. Commenting were Karen DeGracia, John Montieth, Jim Monteith and Jason
Densmer. And, again, written testimony was received by Tamara Thompson. Key issues
of discussion by the Commission were removal of access to Chinden Boulevard by way of
access easement on Elk Ranch Lane. A phasing plan and when to require utility
connections to the existing home. The requirement to install fencing on the west
boundary of the proposed subdivision and, then, discussion of two story homes being
constructed on the boundary to the Hightower Subdivision, which is the subdivision to the
east. And Key Commission changes to the staff recommendation. They removed
condition 1.1.1A, which is requiring removal of Elk Ranch Lane. They removed condition
1.1.2C, which is to revise the phasing plan to include the existing residence in the first
phase. They altered condition 1.1.2D to read require the applicant to vacate the access
easement along Elk Ranch Lane prior to signature on the final plat. And the y added a
condition to submit the revised plat showing the redesigned entrance to the subdivision
from the south, which they have done, as is shown here. And alter condition 1.1.3C to
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require the fence on the west boundary of the subdivision with phase two of the
development. There are no outstanding issues for City Council and written testimony was
received by Michael Hoff. Staff will stand for any -- these are the proposed building
elevations submitted by the applicant and the mix of materials. Staff, will stand for any
questions.
De Weerd: So, I can't find the summary for this one, so I -- and you had a lot listed there.
Did everyone else get -- get that? Okay. What are the densities of the subdivision -- the
existing subdivision -- I think you said Highgate -- Hightower?
Beach: The zoning for the surrounding subdivision?
De Weerd: Yeah.
Beach: R-4 to the south and R-8 to the east.
De Weerd: Okay. Thank you.
Beach: You're welcome. I will note that we received an application that will be coming to
P&Z soon for the property, the 10.6 acres to the west, and they are requesting R-4 zoning
there, so --
De Weerd: And as I understand it, those are more like half acre lots, so -- okay. Thank
you. Any other questions from Council at this point?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I wasn't able to locate the -- the written testimony from Michael Hoff.
Beach: I had that written incorrectly. That was a testimony received by -- for Sundial
Subdivision, so --
Cavener: Okay.
Beach: Apologize.
De Weerd: Okay. Would the applicant like to comment?
Thompson: Madam Mayor, Members of Council, good evening. My name is Tamara
Thompson and I'm with The Land Group, 462 East Shore Drive in Eagle. I'm r epresenting
the property owner tonight for the Bull Ranch Subdivision and to keep things short and
sweet, I won't reiterate everything that Josh went through. I do want to list that we are in
support of the conditions. We have read the staff report and the applicant is in support of
the conditions, other than those that deal with phasing of the existing home, where the
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access points are coming into the site is at the far southeast end of the property and -- if I
can draw on this. There is a stub here and here and the existing home access is clear --
this isn't even as far left as what it is, so on the far site -- northeast -- northwest side of the
property. So, it is completely diagonal across from where this first phase would be. So,
we are -- Planning and Zoning Commission changed the condition and we are in
agreement with -- with the changes that they made. The other item deals with the phasing
of the utility and the sewer -- the septic system for the existing house is on the south side.
It is in that area there. It's not that great of a burden to connect to the sewer, so we are
proposing that we connect to sewer with phase one, but that the water -- the current well
and water for the home is, again, on the northwest side and that is much further. So,
everything on the north side of the house is a considerable burden to connect with phase
one. So, our conditions, again, were in support of the conditions and the only condition
that we are asking for relief from is 1.1.1C and that we are asking to read that the existing
home be connected to the City of Meridian sanitary sewer system with the first phase of
the development and that the existing home be connected to the City of Meridian
domestic water system with the second phase of development. And just to make sure
everyone understands is that the existing access for that home to Chinden, that would be
the only home that the access has. The roadways would not be to that area, but any of
the other subdivisions would be able to get to that area. So, there is just that one home
that would maintain their existing access until phase two. With that I will stand for
questions.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: What's going on in the northeast corner -- and guess that would be in phase
two. It looks like there is two lots -- yeah.
Thompson: Madam Mayor, Councilman Rountree, that is -- that is correct. There is a
common driveway there and three houses would access off of that driveway and just the
-- the dark line is phase one -- phase one. So, everything on the east side -- everything
on the east side of that line is phase one. The west side is phase two. With our accesses
coming in here and there.
De Weerd: Any other questions for the applicant at this point?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: When the development just to the east -- on the east border of this was being
discussed they had issues with flooding and I don't know if the grading -- the flooding
before they developed. After they developed I don't know how they solved that, but have
you been aware of any problem spilling over onto this property?
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Thompson: Madam Mayor, Councilman Zaremba, no, that's -- I have not heard that.
Zaremba: Well, hopefully, they solved the problem.
De Weerd: Any other questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Tamara, would -- would you consider R-4, because the one to the west is going R-4
and your whole south end is all R-4. I realize that your east side is an R-8, but I -- I would
certainly like to see you consider going R-4.
Thompson: Madam Mayor, Councilman Bird, if you -- Josh, could I get you to put up the
future land use map, please? Do you have that right there?
Beach: No, but I can get it.
Thompson: Councilman Bird, I believe the way that -- and I think we will see it when --
when we put that up there -- is the density gets higher as you move away from Chinden
and with the R-8 to the east of us and the R-8 where we are at, it is consistent with the
Comprehensive Plan and, then, it moves to lower density as you move south. So, it is a
buffer, if you will, from -- from Chinden as you -- as you move south. The overall density
is just under five per acre and --
Bird: What's your average lot size?
Thompson: Yeah. So, we need to -- the 4.77 dwelling units per acre is where we are at
right now. So, the R-4 would not -- would not work with that.
Bird: What is your average lot size? Madam Mayor? What's your average lot size?
Thompson: The average lot size is -- I believe forty -- I'm sorry. Fifty-six hundred. Right
in that area.
De Weerd: Have you provided a transition from the R-4 to the south by adjusting lot lines
that are more compatible to Saguaro Canyon densities?
Thompson: Yes, Madam Mayor. The -- the lots on the south property line are -- are wider
than the ones on the north property line. We did ma ke those wider and, then, the lots on
the south -- I'm sorry. On the east side we lined up to property lines as much as we could
with the ones that are to the east there. But they are a little wider on the -- on the south
end and they are deeper also.
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De Weerd: What are your lot sizes on -- on that stretch that abuts Saguaro? I can't read
that, so --
Thompson: Madam Mayor, we are -- let's see. I think our -- well, our average is probably
skewed due to the one acre lot that we have for the existing home. On the south end they
range from just under 5,300 square feet to right -- a little above 5,000 -- 5,014 for some of
those.
De Weerd: How are they -- the compatibility to materials used? Saguaro is a very nice
subdivision and, you know, I think that's why I asked with carrying on the theme of our first
public hearing.
Thompson: Madam Mayor, the -- the materials would be comparable. Josh, if you could
put the elevations back up. They are -- they are nice looking homes. They are -- they are
going to be smaller homes, because of the R-8 instead of the R-4. But they -- they do
have the nice -- the features and the gables and different colors and materials. And these
-- these were submitted. These are some of the homes that those would be with the
development agreement.
De Weerd: Okay. Any other questions at this point from Council? Okay. Thank you.
Thompson: Thank you.
De Weerd: Did have a couple of people that signed up. Connie Johnston. Signed up
against. Again, I apologize for the late our, but thank you sticking with us.
Johnston: That's okay. My name is Connie Johnston and I live at 598 East Pasacana
Street, which is in the Saguaro Canyon neighborhood. I do want to make a couple of
points in opposition of this development, because it does affect me directly and I mean
there is not as many properties that this affects the reason there is not as many of us
here, so I hope you will give my point some -- some weight. It says in the Meridian Unified
Development Code that your Comprehensive Plan of the city is to provide a variety of
dwelling types and densities and on this block where we live we have several building
projects going on. In north Meridian there are many projects. As you know, there is lots
of open land and lots of projects going on. We have the Ventana neighborhood, which is
zoned R-8. We have the -- the Tustin Subdivision, which is R-4, but they are small lots on
R-4. We have the Hacienda Subdivision, which is R-8 and we have the Jericho
Subdivision, which is R-8, and between -- and, then, we have the Westburough
Townhomes, which are going in just on the city block and between all of those lots that
are being developed, we have over 250 easy lots that are no going in. This b lock goes
towards -- the student population goes to Prospect Elementary and I have five children,
my children have all gone there, I have three there right now, and this will impact them.
You asked about student population before. In Meridian we can count -- based on census
data, we can count for one student per household. That's the average. So, no matter if
it's a townhome or a patio home or whatever, that's the average you can count on. So,
this few lots on this little piece of property is going to add another 50 to the already 250,
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which are already going in just on my block. The schools, Prospect Elementary, Heritage
Middle School, and Rocky Mountain are all over enrollment. Prospect is over 50 over
enrollment. Heritage is almost 200 over enrollment and Rocky is over 300 over enrolled.
And so this will just add to what is already been approved and is already being built. This
will continue to add. I do want to say also that the property that's right next to it, which is
coming for approval in a couple of weeks -- I know the developer and I just got the
postcard in the mail for the hearing -- is going in as R-2. So, that's what's going in next to
it. Not R-4. I also want to say just as a personal note that it says in the Meridian Unified
Development Code that in approving the development the Council shall find that the
arrangement of structures in the development does not cause damage, hazard, or
nuisance to persons or property in the vicinity. The proposed plan that backs up to
Saguaro Canyon, because their lot sizes are so small compared to ours and especially
mine, because I have a corner lot and it kind of goes like this. My back fence line is really
long and so when they build these I will not just have a -- not just a back neighbor, I'm
going to have three back neighbors along my back fence and that makes it really
frustrating for us, not only privacy wise, but we won't be able to enjoy our backyard as
much, but just dealing with neighbors and you have all those fence issues and things that
you deal with and that -- that's our personal main concern, our overall concern for the city
in general is just overpopulation of this area and the density. Thank you.
De Weerd: Thank you. I had a Darrell Gallup signed up against. Thank you for sticking
with us. If you will, please, state your name and address for the record.
Gallup: My name is Darrell Gallup. 554 East Pasacana Street.
De Weerd: Thank you.
Gallup: I would like to just reiterate what Mrs. Johnston has said. We believe that the
density of homes in this plan are too great, especially because of congestion that's going
to be caused by the number of cars that have to exist out of the southwest -- or southeast
corner of the -- of the development and most of those cars are going to want to try to get
onto Chinden Boulevard, which means, then, they have to go to Saguaro Hills Road,
which has no stoplight or stop sign and so when we are trying to turn either left or right
onto Chinden, it's almost impossible and so most people drive through the neighborhood
and access Chinden through a different route and so I just am concerned about the -- the
high density that Councilman Bird expressed and that you intimated. We believe that R -4
would be much more amenable to the -- the area. Thank you.
De Weerd: Thank you. Glenn Lake left a letter. Madam Clerk, can you read that?
Holman: Thank you, Madam Mayor. Sorry. Grabbed the wrong piece of paper. It says:
To Whom It May Concern. We had a prior commitment and are not able to attend the
meeting tonight. Please know that we are very much against you zoning the property
behind our own -- behind our home R-8 and building Hubble homes in these lots. Thank
you. Glenn and Susan Lake. 576 East Pasacana Street.
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De Weerd: Thank you. Is there anyone else who would like to provide testimony on this
item?
Fremgen: Madam Mayor and City Council, I'm Bill Fremgen. 5262 North Papago Place.
Boise, Idaho, and I'm the developer that she was just speaking for, so I wanted to speak
on behalf of this development. I think this development is key for that area in that when
you're looking at Hightower they have alley load and very high density and there is even
some townhomes to the east of them. We are going to be more medium density and,
then, we are going to basically be estate homes, you know, 600,000 dollar homes to R-8,
which is going to connect through to Meridian Road, so I think that's going to help mitigate
a lot of the traffic concerns that people were -- were speaking to earlier, but I think we
need to make sure that we have a variety of housing in this neighborhood, so the fine
public servants that work in this very building can afford to live in this town and not have to
move out of it, because if we went to R-4, you know, you would be talking 350,000,
375,000 dollar homes. We are going to be in the mid two hundred thousand dollar range.
So, I think it's very important to keep that type of variety of developments in there so
people -- average working people can afford to buy homes and not just the polo cr owd. If
you have any other questions about the development I have been spearheading it.
De Weerd: Council, any questions? No. Thank you.
Fremgen: Thanks. Appreciate your time.
De Weerd: Okay. Any further testimony? Would the applicant like to make any final
comment? Okay. Council, any further questions for applicants or staff?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: For clarity -- and while we are in public, so Tamara can correct me if I'm wrong --
they are -- we are proposing 10.6 acres, which one acre is being taken out by the existing
home, am I not right? And we are -- we have got one point -- 1.01 for green space being
taken out, so that's -- that's two acres. That gets us down to eight acres and we are going
to put on 48 single family homes and by the time you take out all of your roadways and
stuff like that, you're going to be -- you're pretty dense. You're pretty dense.
Thompson: Madam Mayor, Councilman Bird, the density -- the gross density as defined
by the Uniform Development Code at 4.77, dwelling units per acre, and the net density is
7.24 dwelling units per acre and that's -- you know, there is two different definitions when
you -- is how you do that math, how you take all of the roads and that kind of thing ou t of
the -- out of the equation.
Bird: But you -- and what is your -- what is the minimum square footage of the houses?
Do you have any -- 1,400?
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Thompson: I'm sorry. Yeah. Councilman --
Bird: And you -- of course your setbacks are -- in R-8 is, what, four? Property line four,
five? What's the setbacks on R-8?
Beach: So, the side yard setbacks or the rear setbacks or --
Bird: The side setbacks.
Beach: Five feet.
Bird: That's what I thought.
De Weerd: Okay. Council, anything further on this?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If not, I would move to close the public hearing on Item 7-E, AZ 15-013 and PP
15-017.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7 -E. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we approve Item 7-E, AZ 15-013 to include staff and applicant
comments and in particular with regard to condition 1.1.1C that the applicant be allowed
that the existing home connect to the city sewer service in phase one, be permitted to
connect to domestic water service within phase two.
De Weerd: Okay. I have a motion. Do I have a second?
Bird: Madam Mayor, I will second it, but I want a clarification now.
De Weerd: Mr. Bird.
Bird: What did you say on the condition C, to have it at -- to do it during phase one?
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Borton: Madam Mayor?
De Weerd: Sewer on phase one and water on phase two.
Bird: Okay. That's what I thought I heard, but --
De Weerd: Well, just for discussion purposes, I do think that the density is too much. We
have a lot of R-8 in that area. I do believe that we need a choice of housing and we have
it in that area. It is abutting a nice subdivision that this is going to drive right through it. I
just don’t think it's the right development at the right time.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This is one of those that you often quote me on and I think it's applicable, I
don't think we are in that big of hurry to annex what can be an issue and I say that for a
couple reasons. One, we have a special request for a property to be on the sewer but not
the water. I don't know how to charge them for that, since the sewer rates is based on
water consumption. I know it can be worked out, but it's another hassle. The word lane
came up. That always gives me great amounts of grief and I will tell you it will bring great
amounts of grief to you all if you allow access via a lane to any property in the City of
Meridian. So, I -- my position is not to support the motion and I would not support this
application.
Bird: Madam Mayor?
De Weerd: Thank you. Mr. Bird.
Bird: While I seconded it, I agree with Councilman Rountree, there is too many negatives
on this to me in that area and I think he hit it on the head on the density and I just think
that this isn't the product we want right now. So, I will be voting no.
De Weerd: Council, any further discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, nay; Bird, nay; Zaremba, nay; Borton, yea; Milam, nay; Cavener, nay.
De Weerd: The motion fails or -- yeah. The motion fails.
MOTION FAILED: ONE AYE. FIVE NAYS.
De Weerd: So, do me another motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
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December 1, 2015
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Rountree: I move that we deny the request for annexation and zoning for Item 7 -- one
and preliminary plat. 7-E-2.
Bird: Second.
De Weerd: I have a motion and a second to deny approval of Item 7-E, one and two. Any
discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, nay; Milam, yea; Cavener, yea.
De Weerd: Motion passes.
MOTION CARRIED: FIVE AYES. ONE NAY.
F. Public Hearing: Proposed Winter 2015-2016 Fee Schedule of the
Meridian Parks and Recreation Department
De Weerd: Item 7-F is a public hearing on -- through our Meridian Parks and Recreation
Department. Just seeing if you're still awake over there.
Garro: Barely. Thank you. Thank you, Madam Mayor and Members of City Council. I
stand here, excuse me, tonight before you seeking approval of our parks and rec fee for
winter-spring 2016, highlighted by an additional senior trip. We will be taking a McCall
Winter Carnival day trip and offer that to the seniors in our community, just up to McCall
for a day, take in the ice sculptures and hop on a bus and hurry back. So, with that being
said I will stand for any questions.
De Weerd: Do you have to be a senior?
Garro: Yes.
Bird: You're not there yet.
De Weerd: A senior in high school?
Garro: Fifty-five and over. Active senior. We are calling them active.
Bird: You're getting there, but you got a few years.
De Weerd: Any further questions for Jake? Thank you.
Garro: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this item? Seeing
none.
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December 1, 2015
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on the proposed winter fee schedule for the
Meridian Parks and Recreation Department.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-F. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
G. Resolution No. 15-1103: A Resolution Adopting the Winter 2015-
2016 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: Item 7-G is Resolution No. 15-1103.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve 15 -- Resolution No. 15-1103. This is the resolution adopting
the winter of 2015-2016 fee schedule for the Meridian Parks and Recreation Department,
authorizing the Meridian Park and Recreation Department to collect such fees.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7 -G. And have we provided an
affective date?
Bird: Yeah. That was automatic.
De Weerd: Okay. It's automatic. Madam Clerk, will you, please, call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
December 1, 2015
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H. Public Hearing: Proposed Updates to Meridian Police
Department Fee Schedule
De Weerd: It's getting late. Item 7-H is a public hearing on the proposed updates to the
Meridian Police Department fee schedule.
De St. Germain: I don't know anything about that. At our command staff meet ing they
said there is nothing on there for you to even certify. I think it's talking about fee increase
for public records.
Bird: Madam Mayor, this is the --
De Weerd: Trust me. I am the police department.
Bird: Jeff come before us last meeting on this. You weren't here, but --
De Weerd: Oh.
Bird: -- he brought this and presented it and we told him to bring it back with a resolution,
am I not right?
Nary: You are correct. Madam Mayor, Members of the Council, on the public -- on the
public notice there is a few fees that have changed, mostly in relation to public record s.
They are all related to personnel costs. We haven't updated for a couple of years,
because the incremental amounts are so small, but now they have jumped significantly
and the law has changed, so these were just changes in regards to fees collected for
public records or when officers are hired for a particular event that we require that they be
hired for. So, that's all it is.
De Weerd: Thank you, Lieutenant.
De St. Germain: You're welcome.
De Weerd: Is there any further discussion on this? If not I would entertain a motion to
close the public hearing.
Milam: Madam Mayor?
Cavener: Madam Mayor, actually, a comment. Sorry. I know we are itching to get out of
here.
De Weerd: Okay.
Cavener: And -- question and a comment. Comment first. Comment. I'd like to see this
brought back on an annual basis, as opposed to -- as my dad calls it -- type of a willy-nilly
time of year. I think annual is more prudent. And, then, the question is previous we
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December 1, 2015
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provided a credit if it went over and above the allotment from the state. Is that still in here
or has that been removed?
Nary: Madam Mayor, Members of the Council, Council Member Cavener, the waiver of
the ten dollars is still there. So, that still exists. If you recall what Chief Lavey said, we will
get some data and, then, come back and have that conversation.
Cavener: Okay.
Nary: So, we have what the state requires that we give without charge, we have the
additional ten dollars that you have authorized for us to go over. So, this is only once it
exceeds both of those.
Cavener: Great. Thank you.
De Weerd: And just for Mr. Cavener's information, the departments do review the fees
annually. If it's a minute change they don't bring a fee update to Council.
Cavener: A comment then. When you look at fee change from where it was and where it
is today it's significant and so rather than do this as needed with a significant burden, I
think that it needs to be reviewed annually and give Council the opportunity to decide if we
want to approve that or hold off.
De Weerd: And that's very fair. But I think that Mr. Nary did explain one of the cause for
the big fee increase and that's a piece of legislation and so I just want you to know that the
departments do look at those and we will take your words back again.
Cavener: Appreciate it.
De Weerd: Because I have had those words.
Cavener: They are good words to have.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we close the public hearing.
De Weerd: Thank you. Do I have a second?
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-H. All
those in favor say aye. All ayes.
Meridian City Council
December 1, 2015
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MOTION CARRIED: ALL AYES.
I. Resolution No. 15-1104: Adopting Meridian Police Department
Fee Schedule
Milam: Madam Mayor?
De Weerd: Yes, Mrs. Milam.
Milam: I move that we approve Resolution No. 15-1104, adopting the Meridian Police
Department fee schedule.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7 -I. If there is no discussion,
Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Ordinances
A. Ordinance No. 15-1665: An Ordinance of the City of Meridian
Repealing and Replacing Title 1, Chapter 15 Discrimination
Prohibited of the Meridian City Code; Providing a Waiver of the
Reading Rules; and Providing and Effective Date
De Weerd: Item 8-A is Ordinance No. 15-1655. Madam Clerk, will you, please, read this
by title.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1665, an
ordinance repealing and replacing Title 1, Chapter 15, Sections 1 through 3 of the
Meridian City Code, regarding administration, discrimination prohibited, providing for a
waiver of the reading rules and providing an effective date.
De Weerd: I don't see anyone who would like to hear this read in its entirety, so Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance No. 15-1665 with suspension of rules.
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December 1, 2015
Page 93 of 93
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call
roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Future Meeting Topics
De Weerd: Council, anything under Item 9? If not I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 11:32 P.M.
(AUDIO REC—ORDIN-G-ON_FILE OF THESE PROCEEDINGS)
MAYOR MY De WEERD DATE APPROVED
0 O)Aue
ATTEST: °ss°
CEE,NiOLMAN, CITY CLE
City of
11S to 110
SEAL