2019-02-21 Special Joint Planning and Zoning and City CouncilMeridian City Council Special Joint Meeting Agenda – February 21, 2019 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
JOINT MEETING OF THE MERIDIAN CITY COUNCIL AND
PLANNING AND ZONING COMMISSION
SPECIAL MEETING AGENDA
Thursday, February 21, 2019 at 4:00 PM
City Council Chambers
33 East Broadway Avenue, Meridian, Idaho
1. Roll-call Attendance:
City Council
X Anne Little Roberts X Joe Borton (left at 5:34pm)
O Ty Palmer X Treg Bernt
__O____ Genesis Milam __X____ Luke Cavener
X Mayor Tammy de Weerd
Planning and Zoning Commissioners
_X___ Lisa Holland __X__ Reid Olsen
_X___ Andrew Seal __X__ Ryan Fitzgerald
_X___ Rhonda McCarvel _O___ Bill Cassinelli
__O__ Jessica Perreault – Chairperson (arrived at 4:06pm)
2. Adoption of the Agenda Adopted
3. Comprehensive Plan Update
4. Area of City Impact Update
5. Opportunity Zones
6. Facilitating Public Meetings and Due Process in Land Use Hearings
7. Staff Report Format Feedback and Additional Process, Code and
Communication Improvement Opportunities
Adjourned at 5:50pm
Meridian City Council - Planning & Zoning Joint Meeting February 21, 2019.
A joint meeting of the Meridian City Council and Planning and Zoning Commission was
called to order at 4:00 p.m., Thursday, February 21, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Anne Little Roberts
and Treg Bernt.
Members Absent: Genesis Milam and Ty Palmer.
Also present: C.Jay Coles, Bill Nary, Bill Parsons, Caleb Hood, Cameron Arial, Brian
McClure and Dean Willis.
Item 1: Roll-call Attendance:
City Council
X__ Anne Little Roberts X _ _Joe Borton
___ Ty Palmer X__ Treg Bernt
______Genesis Milam __X___Lucas Cavener
__X_ Mayor Tammy de Weerd
Planning and Zoning Commissioners
__X____ Lisa Holland ___X___ Reid Olsen
__X___ Andrew Seal ___X___ Ryan Fitzgerald
__X___ Rhonda McCarvel _______ Bill Cassinelli
___X___ Jessica Perreault - Chairman
De Weerd: Okay. Thank you for joining us and welcome to our joint meeting with the City
Council and the Planning and Zoning Commission. Thank you to our citizen Planning
and Zoning Commissioners for joining us and for everything you do. You are greatly
appreciated. So, I hope you know that.
Fitzgerald: Apologize, Madam Mayor.
De Weerd: Well, I won't call you out yet, Ryan. We waited for you. Okay. Item No. 1 roll
call attendance. Mr. Clerk.
Item 2: Adoption of the Agenda
De Weerd: Okay. Thank you, Mr. Clerk. Item 2 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council Meeting Agenda March 19, 2019 – Page 6 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 2 of 34
Borton: Move that we adopt the agenda as published.
Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda is published. All those in
favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 3: Comprehensive Plan Update
De Weerd: Item 3 is our Comprehensive Plan update. We are so excited.
Hood: Thank you, Madam Mayor. I know some of you have heard some version of this
just recently even, but bear with me and Brian as we give you an update on the
Comprehensive Plan. But first I just want to thank you all for attending. We don't do this
often enough, so I take -- I appreciate you taking the time getting to know each other a
little bit better. We do have some new -- newer Planning and Zoning Commissioners and
so it was also an opportunity just kind of bring them up to speed and , again, put some
names to some faces and time allowing -- well, we got to feed the Planning and Zoning
Commissioners, because they have a meeting at 6:00. But maybe break some bread
together, too. So, again, just appreciate you all taking the time. Hopefully this is going to
be a productive hour and a half to two hours. So , the headliner for -- for this afternoon's
meeting is the comp plan update. My name is Caleb Hood. Brian McClure is actually the
-- I don't know if he's the official project manager, but he certainly is acting like the project
manager and I do appreciate all the efforts he's put forth. We do have a couple of the
Planning and Zoning Commissioners that are on a steering committee. So, maybe I will
just start with that. There is -- I didn't count them before this meeting, but there is
approximately 25 people that have been appointed to oversee this process from all walks
of life and different backgrounds. We meet once a month and kind of just oversee the
process, the reviewing deliverables and all that. We do have two of the Planning and
Zoning Commissioners, Commissioner McCarvel and Holland are both on the steering
committee and, then, Councilman Bernt also represents the Council kind of as an ex-
officio or liaison on that as well. So , those are meeting -- meetings happening monthly.
So, we hired Logan Simpson in May, June and they have been coming alongside of us
and helping do a lot of the tech nical writing and facilitating and organization and kind of
keeping us on track and on schedule. Our main point of contact is actually leaving them,
which is unfortunate in the middle of our project, but we are going to see this thing through
to the end. We also have some sub consultants and I will touch on them in a little bit. So,
we are about halfway through the planned development, so we thought this was about a
good time to touch base with everybody. So, feel free -- if you hear something that sounds
weird or you need some further explanation, wave, flag us down. This is meant to be a
little more interactive, but if no one says anything we have a slide deck that I will run
through and we will be done. There are a couple of things where we do want to pause
and give you an intentional opportunity to provide some feedback . We have some
questions just on -- on kind of at a crossroads of where -- where you think we should go
Meridian City Council Meeting Agenda March 19, 2019 – Page 7 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 3 of 34
as we continue on this process. So, I'm not going to spend a whole bunch of time on this
slide. Hopefully most all of you understand why we plan and what a Comprehensive Plan
is, but just at it's -- it's heart, the state does require all cities and counties in Idaho to -- to
have a plan and implement that plan. That's the Local Land Use Planning Act of 1975. I
will just note -- at least for now that's a requirement. There is some legislation going
through, House Bill 127, that is making it -- potentially would make it optional for counties
to plan and that would impact Ada county. I don't necessarily see that happening in Ada
county if it were enacted, but certainly as a state there could be some far reaching
implications from that. But, anyways, the Local Land Use Planning Act and how
comprehensive plans -- what they address and what they do certainly has evolved over
the past 44 years, but a lot of the elements that are required to be analyzed haven't . So,
property rights, population, health, safety, welfare, those types of things are still ingrained
in a comprehensive plan and need to be addressed. So, to our plan specifically, we are
in phase three, hashtag mymeridianchoices, so it's about opportunities and choice. I'm
not going to spend a whole lot of time on this. At the end of phase two, which was right
around September, we had a visioning document, you all had a cop y or at least an
opportunity to acquire a copy of that. You can still go to the project website and get that
visioning document, but that was really what we heard in phase one and phase two. We
are building on that with phase three and it's a little more technical at this point, although
we still are engaging with the public and Brian is going to talk on -- on that here in just a
minute on what we are actually doing with -- with phase three. So, again, in that visioning
document we came up with five value themes and, then, supporting visioning statements
beneath those. Again, I'm not going to sit on this slide too terribly long, knowing that you
all have -- are familiar with that to some degree. So, as we entered into the contract and
-- and kind of talked about it with the Mayor and Council, too, even as we were setting
the budget, there is some specific things that we really wanted to focus in on. We know
that the plan has some good elements today and some good policies today, but our
community is changing enough where there is a few areas where we definitely want to
dig in deep and -- maybe not necessarily start from scratch, but really really rethink the
baseline, the foundation for some of our policies. One of them -- or two of them are really
our public services and strategic growth management. So , the first part of that, incentives
and disincentives, for -- for development kind of go hands -- it goes hand in hand with
even the second one where we are extending those services. We haven't developed
incentives or disincentives yet and, honestly, some of that may not even be in the
Comprehensive Plan. They may be passively in the Comprehensive Plan, it may be some
of the visionary statements or objectives in the Comprehensive Plan, but that's in direct
alignment with the city's strategic plan as well. So, developing incentives and
disincentives for the type of development we would like to see and in the location we
would like to see is something we are definitely talking about as we further develop this
Comprehensive Plan and, then, evaluating those growth impacts. We are writing this
right now with our consultants and developing a point system that's looking at all kinds of
infrastructure, everything from the pathway network adjacency and if it exists, to police
response times and fire department -- you know, how far our fire department is and their
response times and some of those levels of service that have been established. How
close you are to parks and -- and those types of things. How close or far our water or
sewer line is. And so there is a point system that we are developing that really is meant
Meridian City Council Meeting Agenda March 19, 2019 – Page 8 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 4 of 34
to help inform you all as you're looking at a new project to kind of say -- it's not necessarily
a scorecard, but you can kind of look at it that way. Is this close to those or is this the
natural progression of the city limits or is this out there, is this on the fringe and, boy, it's
tough for our fire department to respond in a timely manner and they are dragging the
sewer line a mile and, you know, those types of things. So, that's really kind of that -- that
growth impact tool that we are developing. So, a lot of the departments are involved with
that and helping us figure out what those matrix are and the scoring system for that. Not
quite ready to roll that out yet. We are still kind of developing some of that and -- and how
we are going to manage that, but we are -- we are knee deep in that right now.
Transportation and economic development are two other focus areas and for
transportation Logan Simpson has hired Kittelson and Associates, their local group here,
that are helping us really look at a master mobility map and develop that and, then, also
analyze some -- some corridors that could support transit or other modes of transportation
in the future and, then, looking at that in conjunction with the land uses that are adjacent
or nearby to those corridors and, then, economic development. So, Leland is another
sub of Logan Simpson and they are looking at economic development. We just got some
information here earlier this week on some of the market analysis and some target
industries that they recommend that the city kind of pursue and even some location al
value that some of those industries are looking for just with where Meridian's at being in
the center of the valley and some ways to maximize that. I will just quickly state through
-- and Brian's going to talk a little bit about this, but Cameron actually facilitated the
economic development focus group and, again, Brian will talk a little bit more about that,
but one of the things in a couple of sessions that I sat in on that really came to light was
transit and, yes, we have a pretty good location being central, but the only way to get to
those jobs is to drive. You get a few people that bike and some that walk, but that's --
that's pretty limited and so I heard that and I wasn't in all the meetings, but that was an
overarching theme was, boy, transit would be great to recruit employers and we can
expand our businesses and so we are really exploring that even in advance of fully
documenting that in this new plan, more exploring right now with Valley Regional Transit
the first fixed line route for Meridian. So, more to come on that, particularly for the Council
in March. We are planning a workshop next month -- your next workshop to talk about
that, but, anyways, just wanted to kind of plant that seed and let you know that we heard
that as kind of a repetitive theme and we are really going to run with that right now and
see where that takes us. So, I'm going to pass the baton now to Brian. He's going to talk
about a couple things.
McClure: Thank you, Caleb. So, as part of the Comprehensive Plan we have more work
than the steering committee can do. There is a lot of material to review, a lot of things to
absorb, so we focused -- or we created four focus groups, three initially were the
transportation, housing, economic development. The fourth one was community design
and character. Each one of these has met three to four times. Their principal primary
responsibility was to review the adopted policies that we have now, sift through those, tell
us what's good, what's not good, what should be thrown away or what we should be
adding. Hopefully we will be reducing some of the numbers we have now. The
community design focus group has one more meeting, but, otherwise, those are -- those
are wrapping up. Those have been really informative I think . The consultants have gotten
Meridian City Council Meeting Agenda March 19, 2019 – Page 9 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 5 of 34
a lot of feedback and direction on some of the changes they should make for a first blush
kind of review of what those policies should look like moving forward and we are starting
to just get those now. So, I'm looking forward to the output of that and see what the
community thinks about it. Something else I would like to overview with you briefly. As
part of this plan we had four specific area map changes -- or map discussion areas we
are looking at format changes. The first is the Fields area in the top left. We have the
Magic View-Woodbridge-Locust View area in the top right. The southern rim area in the
bottom left and, then, southwest Meridian in the lower right. Obviously, those are not
geographically oriented properly. So, Caleb, if you can open up the browser. As part of
the Comprehensive Plan outreach we have an online website where we are asking the
public to get engaged with some concepts for these map areas. So , each one of these
concepts has two or three variations from what is currently adopted and we are asking
the public what they think about that. These concepts are -- and if you got any questions
-- these concepts are just discussion points. So, they were a diverse range of
opportunities that they could have first created and, then, the steering committee
reviewed and commented on and we are really just asking the neighbors, stakeholders,
property owners how they feel about them and what they would like to see. So, if you go
to the Comprehensive Plan website and go to the specific area analysis section of that,
would be a few options to click on those kinds of review studies. So, you can see that,
basically, all the orange links are engaged online, constant review and study -- there is
another one for the left. Those will all take you to an interactive kind of survey. Yeah.
Just click on that one. So, when you first get here you will see those four areas on the
left, you will see a summary with a review of some high level land uses that are kind of
opportunities. These are not always our exact land uses, they are generalized. For
example, we had mixed use residential and mixed use nonresidential. We actually have
a lot more than that. The -- after you go through this, the first tab after that is zoning. It
shows you our adopted existing zoning. You can zoom around, explore there. After that
is -- number two is adopted future land use. Again, you can zoom around and explore on
that. And, then, three, four or five and six are all concepts. So, if you clicked on that --
sure, that one's fine. On the left you will see an overview of the concept with a description
and, then, if you continue scrolling you will see a few more concepts and, then, if you
keep going at the bottom you will have a survey. So, you can say which one you -- you
relate to or like the most and, then, what sort of changes or revisions or improvements
you would like to see on these. Our consultants are going to take all this feedback and
recommend some actual changes to the steering committee . The steering committee
will, then, review that and -- and make some proposals for what we will move forward with
an application to P&Z and City Council later this year. Any questions on that?
Seal: I have a question. The information that's in there is that something that's been
disseminated out on things like NextDoor and Facebook? I don't remember seeing it,
but --
McClure: Good question. Yes, that has been advertised all over those specific areas.
So, general -- generally on the website that information is sent out. Kaycee Emery in the
Mayor's Office has also been doing an awesome job outreaching to those areas
specifically asking for input. Several times. And we also have had several public
Meridian City Council Meeting Agenda March 19, 2019 – Page 10 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 6 of 34
workshops. So, we had one on last Monday and last Tuesday. The first one was for the
Fields area, the second one was for the Magic View-Woodbridge area. The first one, the
Fields, was held at Willow Creek Elementary School. That was very well attended for the
number of property owners out there. What did we have, 50, 60? It was -- it was very
well attended for the area. The second one on Tuesday night for the Woodbridge area,
we didn't get as many Woodbridge people as we had hoped for, but we had a huge crowd
from the other areas. Actually, we filled conference room A-B up, at least a hundred
people in there. We are also at a stakeholder request going to be having a third one for
the two areas in south Meridian at the Southern Rim Coalition's request at Hillsdale
Elementary School next week. So, we will be doing that one as well. So, yeah, there has
been a lot of online outreach. We have also had the -- the ones physically, so -- did that
answer the question?
De Weerd: I think you're pretty pleased with the overall participation in general, both in
person, online, and -- and through the various surveys, so I -- I know that the public
outreach in trying to engage our citizens have been good and so has been the return.
So, I appreciate all the efforts of -- of your office and the consultant in working with our
public and trying to hear the diverse group of opinions out th ere. Any other questions at
this point?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Thank you, Madam Mayor. Brian, of the four specific maps that are in front of
us, is there one that the survey responses kind of has exceeded above all others or are
responses all about the same for all four?
McClure: So, I -- Councilman Cavener, I'm not sure. We -- I haven't looked at the survey
responses yet. We have had some paper ones as well, so they are not all online. When
I asked a couple days ago we hadn't had very many yet , but that's turned around in the
last few days I'm told.
De Weerd: Any other questions? Okay.
McClure: So, we do have two other areas we are looking at and these are kind of
questions for you. The first one on the right -- or the left is the Wastewater Resource
Recovery Facility. I always want to call it the treatment plant. The brown area you see
around that is a mixed use nonresidential land use. The property owners around that are
not very happy about the nonresidential land use. They want to sell to developers who
are interested in doing subdivisions. However, that land use is in place because Public
Works -- when that facility began a few years ago -- well, when they did a study for the
facility a few years ago basically said the nuisances from that were not good and not well
for adjacent neighbors. There is -- there is trucks, there is heavy equipment, there is --
obviously the most important one is the smell and they continue to make -- they continue
to expand out there and do work. We had some property owners request a meeting and
Meridian City Council Meeting Agenda March 19, 2019 – Page 11 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 7 of 34
ask us to do some land use changes. When we began this process Council asked us to
take requests seriously and if -- if they were feasible to carry them along through this plan.
When we met with them we asked them to give us a written letter asking what they would
like and, then, a justification as well. We have not received that. So, while they are very
unhappy with the land use, we have not had any follow up with them yet. There has also
been a developer representing them that is not -- not intending to buy the land necessarily,
but just kind of, hey, this isn't necessarily the best thing for them, would you consider
changing it. We heard him out. But I guess the short is we are not really sure what to do
with it. Public Works is not ready to let go of the mixed use nonresidential around that.
As I said, they are still making active improvements out there. They haven't done all of
their noise, sound and odor mitigation yet and they are worried that if we change that they
could be dealing with a lot more complaints. The question for City Council, hopefully --
and any feedback would be appreciated -- is whether we should move forward to the
change out there or put it on hold for the time being.
De Weerd: Brian, have they had any outreach to other cities and what is a -- an
appropriate transition zone?
McClure: Madam Mayor, I will try to answer that, but I'm probably not the best person.
So, Public Works did a study, has told them what they should do and part of that resulted
in the mixed use nonresidential. Recently Public Works has hired -- or involved -- I don't
know if they have hired a land broker to look at potential -- some land acquisition for them.
They need a second point of access into there. He has done some research and indicated
to us that other cities have been able to make these two syste ms mesh better. I can say
that some of the examples I'm aware of have more of a green treatment effect. They
have, for example, more open space, grass, wetland mitigation features available,
whereas our treatment facility is all gray concrete, hard infrastructure. I'm not sure how
many personally have had an interface with an infrastructure facility like this versus one
that's more of a natural kind of looking.
De Weerd: Is that a more injected approach than what we have?
McClure: I'm aware of -- so, in college I actually did a study on wastewater treatment
facilities and using green -- green tag to basically treat this sort of stuff. We don't do any
of that sort of stuff. So, the stuff that's a nice interface where you can kind of -- the smell
is okay, because you have something pretty to look at. We don't -- we don't have any of
that. So, while we do use organics, germs to eat some of that material and dissolve it,
it's still a big concrete pond, it's open, there is no -- nothing else going on.
De Weerd: Uh-huh.
McClure: Public Works did tell us that they are interested in covering some of the new
facilities, so putting it indoors where they can better mitigate for some of that smell, but
they are not there yet and I'm -- it doesn't sound like they are going to be there for a little
while yet.
Meridian City Council Meeting Agenda March 19, 2019 – Page 12 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 8 of 34
De Weerd: Any feedback from the Commission? Mr. Fitzgerald.
Fitzgerald: Madam Mayor. Is there -- Brian. And maybe they -- Council knows this. Is
there a desire or -- in regards to how far we are going to grow that facility? Is there a
need to expand as the city grows into picking another location? I mean is that -- where
are we capacity wise and where is the future land growth necessary to continue using
that facility for the long term?
McClure: So, I'm not sure what the capacities are right now. I know we are going through
active expansions. I know that is our final location. We are not going to remove that or
-- remove it or move it, though, maybe someday there would be secondary systems. But
I don't know to what extent they are going to expand and I don't know to what extent
beyond the additional access they need property out there. Sorry I'm not more helpful on
that one.
Fitzgerald: Okay.
De Weerd: Any other questions?
Seal: Madam Mayor?
De Weerd: Yes. Mr. Seal.
Seal: Is there any -- I mean has something been looked into as far as, you know, a
possible opportunity for the landowners to come up with something on their own to , you
know, help persuade, you know, us, essentially, that there is -- there is something that
can be interworked between them and Public Works as far as laying things out for that
-- the -- you know, making things more -- you know, prettier out there or a better landscape
for -- for people that would eventually be living in subdivisions out there?
McClure: When we talked to them some of the things that we suggested for consideration
where, for example, sort of a joint or them dedicating some open -- their required open
space closer to the facility to help mitigate for some of that, but , as I said, we have not
heard anything back from them, they have never submitted any sort -- any formal request
or any formal justification for how they would work around some of our concerns.
Seal: Thank you.
Perreault: Has the primary communication been with neighbors or has there been any
other interest by developers or other parties that have come and expressed interest or
had questions about that area or was it primarily just the owners of those pieces and the
neighboring properties?
Hood: So, Madam Mayor, Members of the Commission and Council, so I have not
personally talked to any developers, but that was some of what the property owners told
Meridian City Council Meeting Agenda March 19, 2019 – Page 13 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 9 of 34
us was they get approached by residential developers that want to develop their land for
residential and, then, they look at this and they go never mind. So -- yeah.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Thank you, Madam Mayor. Just because Brian's asking for feedback I'm happy
to share some and I'm not one who is supportive of making a change at this time for a
wide variety of reasons. Even I think attempts to, you know, kind of surround the
treatment center with open space inevitably -- probably we -- nobody that's on this
commission, nobody on the Council right now would have to deal with what I would
perceive would be significant citizen complaints about noise or smells in some form or
another, despite all the great work of our Public Works Department in the future and I just
-- I have flashbacks to some of the challenges the city of Nampa had when they started
having residential surround the Sorrento cheese factory and that cheese factor had been
there for forever and growth caught up to it and the city acquiesced and, then, they are
running backwards trying to solve significant problems from sound and smell. That --
quite frankly, those sounds and smells were worse before the people moved in and the
cheese factory did a great job to try and mitigate that, but it still was impacting the quality
of life for those residents to moved there knowing they were moving next to a cheese
factory. So, I think that we stay in charge of our own destiny and better serve our future
citizens by keeping this area listed as is.
De Weerd: Amen.
McClure: Thank you. The second area on the -- were there any other comments? Sorry.
Madam Mayor? City Council?
De Weerd: I saw a lot of heads nodding.
McClure: Okay. The second area for discussion should be familiar. A couple years ago
we approached City Council about some work out here, because we have heard a lot of
development requests within the Jewel and Rolling Hill Subdivision. That's the low
density residential light green area on the right. The area to the northwest at the time
hadn't seen any groundbreaking yet, that half the people out there chose not to participate
in any manner. Another quarter told us to go away and the remaining quarter were
interested, but most of them not quite yet, so they kind of asked us to come back. We
told them the area was kind of a -- it really needed to be an all or nothing. Didn't have to
be all sell at once, but we needed to be able to plan for the whole area to address
transportation concerns and the floodplain and -- and the existing rural county roads out
there. Since then we have, obviously, seen a lot of work out there. Silverstone Road has
been expanded. Norco is expanding. And we have several hotels that are planning to
go out there and we have seen the ICCU application. Some of them can't tell us -- there
is nothing that's going to happen there now. Farmstead is, obviously, going away. They
have said they are going away and the -- the lifestyle in that area is going to change. We
Meridian City Council Meeting Agenda March 19, 2019 – Page 14 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 10 of 34
talked to the steering committee a little bit about this area, told them the previous work
and they thought we should continue some outreach to these areas and see what they
think. Staff agrees with that. However, the timing for this right now is challenging. This
would require a lot of work, because we have to master plan the whole area. We probably
need a consultant to help us and getting the comp plan approved this year on time is
more of a priority. We would like to get some feedback from you on whether you feel this
is a priority as part of the comp plan. When we talked to you last time we kind of let them
know that we would take the LDR, the low density residential that's adopted out there now
and preserve it, because we don't necessarily want to see apartments in the middle of a
bunch of rural farms on rural roads. We have a few options. One is to leave it alone.
The second one would be to go ahead and try to rush some changes in this area as part
of the Comprehensive Plan. And the third would be more of a -- put it off a few years sort
of approach. If we did that we would be looking to Council to really -- and P&Z to really
support that process and delay anymore fragmented or piecemeal applications for
aggregation in this area. I don't know if I need to go into any more history there, but we
would love some feedback and I would be happy to answer any questions on that one as
well.
De Weerd: Thank you, Brian. Any comments, questions? Mrs. Little Roberts.
Little Roberts: Madam Mayor. I would like to see us kind of take a wait and see approach.
I drive Overland on a regular basis and see ing so much happen, I think that -- that area
that's shaded in the green will have an opportunity here to kind of change naturally on its
own and, then, I think we could look at how it needs to fit in at that point. But right now it
feels like if we try to tackle it it's too much, maybe a little too soon and trying to fit a square
peg in a round hole particularly. So, I would recommend we wait, but that's just my
thoughts.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Thank you, Madam Mayor. Brian, when you talk about staff's concerns about
-- to use the term piecemeal approval, can you maybe walk us through a little bit more
about what you're referring to and where your concerns are ?
McClure: Madam Mayor, Councilman Cavener. So, the area is, obviously, on Overland
Road. That's currently a five lane facility. Long range it's planned to be a seven lane
facility. The properties you see immediately fronting Overland all take access immediately
from Overland, so you have a traffic impact and safety concern right -- right off the bat. If
you intensify any of those uses you increase the opportunity for unfortunate things to
occur. Right behind those properties you have -- I believe it's Five Mile, which is existing
floodway and floodplain, basically cutting off the rest of the subdivisions behind those
properties. So, to make sure that we preserved conductivity for any improvements in this
area we really need to look at transportation as an area as a group together and not allow
it to occur fragmented. Some of the problems with the transportation network out there
Meridian City Council Meeting Agenda March 19, 2019 – Page 15 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 11 of 34
now is that they are all rural unimproved roads, they have undersized culverts, there is
no sidewalk, there is no curb and gutter. The properties are -- don't mean this -- they are
a hodgepodge. There is a lot of variety of them out there. Some of them are small kind
of ranchettes, so those are single family homes. Allowing development to occur anywhere
in there adversely affects everyone on the rural road with a rural lifestyle on unimproved
county roads. Does that help?
De Weerd: Yes. I think, in essence, instead of them coming in one lot at a time, that it
would -- I think we did that over in -- in that area just south of Ustick and -- and west of
Eagle, that county sub that kind of wrapped from Ustick over to Eagle and said we would
kind of like a long-term plan instead of what we did. Whoever wants to annex and hook
up to our service we will annex you and the others you can come in as you want to. That
wasn't a great approach. We would like to see it develop kind of like in the Portico area
where you almost get one application.
McClure: Thank you, Madam Mayor, Council. I would also maybe just say that, you
know, people want to know what to expect and if we allow kind of things to occur at one
offs out there, then, there is no plan and we don't really know what to expect.
Cavener: Okay.
De Weerd: I think you haven't driven by them, when they are ready to -- to come in as a
-- as a whole and say we are already. You kind of put the onus on them.
Hood: And, Madam Mayor, that -- that is one of the options I guess I would just follow
that up with and we will -- we will ask them again in another couple of years or so, hey,
are you ready to come together, because we would like to assist you if you are.
De Weerd: Uh-huh.
Hood: And help them kind of organize as a -- as a community and help them master plan
it, so --
De Weerd: I think that's an excellent approach. Any -- any other thoughts?
Hood: So, the map is -- is something that, you know, in the designations are something
we spent quite a bit of time on and people want to talk about. The other part, though, is
the text and the policies and -- and the plan itself in words. So, I just wanted to quickly
kind of flash this -- this slide and it's a work in progress, but it really does follow the whole
process from beginning to end and that we -- the values and, then, the vision, what we
see in the blue box on the right are those vision themes that were pulled out from talking
to the community and we are going to roll that right into the plan. So, the framework of
the plan will have our five themes and, then, the 17 to 20 state required elements that
need to be addressed are all housed within one of those themes. So, this is the -- the
framework of the plan itself. So, we will explain each one of them, what the vision for
housing is, but, then, you will have kind of the traditional table that you have now in the
Meridian City Council Meeting Agenda March 19, 2019 – Page 16 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 12 of 34
comp plan that staff will site in the staff report saying, you know, connect residential
subdivisions together through pedestrian accesses and those types of policy statements
will be in there, but you will have the -- the background information before each one of
those elements as well. The other thing and why it's so bold on the screen -- we really
are trying to make it more usable online. Most people are on their handheld device in
front of a PC, whatever, and so we really are trying to make this so you can navigate
through the comp plan electronically as much as possible, realizing our resources aren't
that of a big city to make it all the bells and whistles and pretty things moving and flash ing
at you and stuff, but we do want to make it so it's -- it's usable and fairly straightforward
online and you can find what you're looking for within a click or two. So , just wanted to
flash that. More to come. The steering committee -- this is going to get vetted more
through the steering committee, but that's kind of -- overall kind of what we envisioned for
the plan. So, this is a draft, but kind of, hopefully, gives you an idea of what the plan itself
will look like. Okay. So, the next steps -- steps. Right now staff -- and Brian kind of
touched on this a little bit -- staff and the consultants are listening to the public. I don't
know if you caught it there, but -- but those specific area outreach opportunities for the
end of the month, we may extend that a little bit further, but we are trying to kind of wrap
that up here in the next week or so, but that we are going to, then, kind of gather that
information, tweak some of those concepts to get to a preferred concept and , then, roll
that into a bigger future land use map, but we are still in the process of listening to the
public about their preferred choices and what opportunities exist out there and have
those, then, be reflected in policies and on the future land use map. So, we are going to
take that to the steering committee. So, March 8th I think is when it was promised to --
the first two chapters. So, what you see there is the introductory chapter and the livable
theme or livable community chapter to go to the steering committee. We, essentially,
have a couple of weeks to review that, get their comments into the consultants and, then,
we freeze it and, then, we give them another couple of chapters to review, give them two
more weeks to read that, so on and so forth, through May. So, every month to get two
more chapters and, then, in June we scroll back the whole thing and, then, you get -- the
steering committee will get one more -- hey, is -- did we hear you right, is this really what
we want to go out to the public with and that will happen in June and, then, July and
August, all through the summer Brian and I are doing roadshow part two . Second year
we will be at, you know, Broadway for concerts, at the movies, Coffee with the Mayor,
whatever's going on we are going to try to make ourselves present and get that public
review of the draft document, take public comment, then, do some final tweaking of that
and, then, submit the application for the official public hearing before the Planning and
Zoning Commission in October, City Council in November, with an effective date shortly
thereafter. So, that's kind of the plan. Not a lot of wiggle room. Our goal was to get it
done by the end of the calendar year. That leaves us a little bit that you see there on the
end, but not a whole lot. So , that's the plan and next steps for the -- for the project. So,
thank you for -- again for your time listening to us on this topic today and with that I would
stand for any questions, comments. Yeah. Whatever else. So, thank you.
De Weerd: Thank you, Caleb. Mrs. Perreault.
Meridian City Council Meeting Agenda March 19, 2019 – Page 17 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 13 of 34
Perreault: Madam Mayor. As the Mayor had mentioned that generally the city's happy
from the public. What was the expected participation and have we exceeded or met it?
What --
Hood: I will start from -- from my perspective. We didn't have -- I mean we would like to
reach a hundred percent, but that's not going to be possible, but we -- but we did get
some early results from some of the initial outreach we did and it's tough; right? There
were groups like zero to five, we -- you know, not many four and five year olds, but up to
18 we were a little disappointed in the percentage of the youth that we were -- and this is
their plan. So, we were really hoping to engage more with them and we have done some
things through MYAC and trying to really get to some of their events and have them
engaged, a member on our steering committee and really tried to hear the youth voice
more. But as a -- as an overall number I don't think we ever really set a target of, you
know, 110,000 people, we got to hit 90,000. But it really was getting a broad -- you know,
getting to the different folks in different parts of our community that are different age
ranges and different industry representatives and just -- and wide in public outreach, but
-- and Brian can correct me, but I don't know if we ever said, you know, 25 percent of the
population or anything.
McClure: Yeah. We never said -- Madam Mayor. We never set a target per se. So, we
have reached a few thousand people, though, that I can remember.
Hood: We have a slide in the -- in the presentation we did before this and I know Mayor
and Council have seen it, so I pulled it out, but I can -- I can pull it up if there is other
questions, then, I will put it on the screen real quick and you can see the outreach to date
that we have.
De Weerd: Okay. Any other questions while we are trying to find that?
Fitzgerald: Madam Mayor?
De Weerd: Yes, Mr. Fitzgerald.
Fitzgerald: And, Caleb and Brian, I know the Mayor and the Council work diligently to
push for transportation corridors to have the legislature -- especially with Highway 16
additional overpasses, is that all -- as much as you can -- telegraphed in this comp plan
or how can you -- can you give me an understanding of that?
Hood: Mayor and Commissioner, I don't know if it's telegraphed, but we definitely will
have -- but one of the things -- and I can go back to the -- to the slide, but the transportation
-- it's pretty -- it's being connected, so it's one of the latter ones we are actually going to
review, because there is a lot there --
Fitzgerald: Yeah.
Meridian City Council Meeting Agenda March 19, 2019 – Page 18 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 14 of 34
Hood: -- and we haven't fully got that -- the data and the information back. But I do
anticipate -- certainly we will have key corridors that are talked about, State Highway 16,
Linder Road overpass, some connections in downtown, some policies that are baked into
the plan and -- and we talk about -- you know, it's a good -- you know, the comp plan is a
guide and it's aspirational, so we definitely will have some things on -- on that, as does
the current comprehensive plan, but we haven't gotten there with policies or even the
background information at this point.
McClure: Madam Mayor, Commissioner, I can say it was 16 specifically. That, for
example, has been on our maps for years now. So , it's always been something that we
have been looking at and considering.
Fitzgerald: Do you know where it is?
McClure: Yes, we have the alignment for that.
Fitzgerald: I'm joking.
De Weerd: No, we are just guessing.
Fitzgerald: I think ITD keeps moving it on you, Madam Mayor.
De Weerd: I did want to at least note, since Linder overpass was mentioned in our joint
meeting with Ada County Highway District today, the Council and Commission talked
about if we could escalate the priority of the completion or at least the construction of that
and ACHD is very receptive to standing side by side and going to Idaho Transportation
Department and requesting that that be elevated in its priority. So, there are some next
steps. But I think it was a very positive outcome and message from Ada County Highway
District that they, indeed, have an interest in seeing if we can move that up.
Hood: So, just maybe to circle back on President Perreault's question. We -- this is a
little bit outdated and it's -- that phase three, again, that -- that data is still coming in, so
this doesn't represent the opportunities and choices phase, but through the first two
phases this is -- this is the reach that we had.
Item 4: Area of City Impact Update
De Weerd: Thank you. Okay. Anything further on this one? If not, we will move to our
next item, Item No. 4, area of city impact update.
Hood: Thank you, about Madam Mayor, I'm going to tackle this one, too. I just have one
slide here. This is something that I have been talking about and -- with the -- the city of
Kuna and their leadership for at least ten years about. We just recently have had some
conversations that were a little more productive than in the past and I guess what we
would kind of informally submit to you is a potential revision to our area of city impact with
the city of Kuna. I'm not going to go through all that history over the past 15 years or so,
Meridian City Council Meeting Agenda March 19, 2019 – Page 19 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 15 of 34
but for those of you that may not be aware, the city of Kuna did construct a wastewater
treatment plant just south of the area of city impact line on Ten Mile Road around the
Mason Creek drainage and they have -- they have in the years that followed have
annexed quite a few properties north of Lake Hazel that are within our planning area , our
area of city impact, which makes it difficult for our sewer or water or other services to get
to. So, we have been trying to negotiate through different ways to respect those planning
boundaries and negotiate with them and, again finally at least -- this hasn't been vetted
through. The first time it's really seeing the light of day, but at the staff level anyways this
has been vetted through and both staffs agree ing -- the city of Kuna actually considered
this weeks ago, two weeks ago, last week even -- yeah. Two weeks ago. And they are
-- they are on board with this proposal. The other thing that kind of would go hand in hand
with this would be, you know, an informal handshake type of an agreement that says,
okay, we are going to respect these boundaries. I envision something like what we have
with the city of Boise. There is an occasion from time to time where a property makes
sense to develop in one city versus the other and if it's consensual, okay, we relinquish it
to Kuna or vice versa, but that -- that's something that, again, you go to that -- the other
city and ask them if it would be okay to serve and they submit something saying, yep, we
-- you can have our blessing. So, I could go further with this whole story, but I just want
to get these -- this map in front of you, get some initial response and I will also just mention
a couple of concepts. We didn't go to this one in the concept, but it's kind of already out
there in some of the concepts in southwest Meridian. We are -- we are kind of already
starting to scale back some of our land use designations in favor of Kuna's in some of
these areas. So, this isn't the first time it's really seeing the light of day, because some of
those concepts kind of reflect this potential change to our area of city impact. Hopefully
that's enough. But I can, again, go into more details if you would like, but this is kind of
what's on the table at this point.
De Weerd: Caleb, I -- I would just congratulate you to be able to say what you just did,
after years of discussions, thinking we had an agreement, then , learning within weeks
that they had changed their mind again. So, this is -- we appreciate your, Warren,
Cameron's efforts at -- at finding a conclusion to the ongoing dialogue.
Caleb: Thank you, Madam Mayor. I think Commissioner Holland, though, is really
probably -- she's the one, you know,, that -- that probably made it happen. I don't -- but,
no, she's --
De Weerd: Well, then, can I give you the map if you really want it. I -- we -- we just have
been concerned about having a city between our two cities. It doesn't serve either of our
communities well and it makes very expensive services out in the middle of no man's
land, but we appreciate any help that you have had on your end in finding a resolution.
Holland: Madam Mayor, I -- I come from a regional background and so understanding
how communities come together is a really important thing and we tried to look at it
objectively and gathered all of us in a room to really look at where the geography goes
and where it makes most sense to service and that's kind of how the lines came forward.
I think Caleb did a great job kind of agreeing what the process looked like, but --
Meridian City Council Meeting Agenda March 19, 2019 – Page 20 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 16 of 34
De Weerd: Thank you.
McCarvel: Madam Mayor?
De Weerd: Yes, Mrs. McCarvel.
McCarvel: Just thank you, Caleb and Commissioner Holland.
De Weerd: Yeah. We thank you for no straight lines for the most part.
Perreault: Madam Mayor?
De Weerd: Mrs. Perreault.
Perreault: Caleb, could you share with us what the process would be for approval on
something like this? How -- is that different from our normal public process?
Hood: So, unless I hear otherwise, the -- the process will be -- we do -- we do negotiate
with Ada county. They are the masters of the area of city impact boundaries. Really, the
only thing they can't do is have -- approve overlapping areas of impact. So, what we have
talked with Kuna about is jointly approaching the -- the county at the end of this year or
as we adopt this plan. Kuna kind of in the -- they are a couple months maybe ahead of
us in their process to update their comp plan, but a joint application to Ada county to
amend Title 9, that's their implementing ordinance of -- of the cities in Ada county's
comprehensive plan. So, it will be done as we asked them to recognize this entire new
document. We are going to say -- and this -- including this change and the other changes
to the map that are kind of sprinkled throughout. We don't do that all that often, but it is
a renegotiation with the county and, historically, if both cities agree, they are rubber
stamped. There have been some histories where the cities don't agree and, then, it
becomes a mess. But, yeah, that's -- that's going to be the process. Probably just after
the first of the year we will -- or maybe late this year we will submit that joint application
and -- and make this official with -- with Ada county. Subject to public hearings, obviously,
here through our process, so --
Item 5: Opportunity Zones
De Weerd: Thanks again. This is a -- is a nice place to be at finally. Okay. If there is no
further discussion there, we will move to Item No. 5 under our Opportunity Zones.
Arial: Madam Mayor, Members of the Council and Commission, it's a pleasure to be with
you. Cameron Arial, Community Development Director here, and looking forward to
talking with you about a really exciting opportunity, literally, for our community. This is the
Opportunity Zone, as you can see it here on the map, for Meridian. This is a designation
that was granted via the jobs tax -- Tax Cuts and Jobs Act of 2018 that basically
designates this area of our -- of our city as an opportunity zone and, essentially, in a
nutshell, this -- it's part of a tax code, so any -- any capital gain investment that is placed
Meridian City Council Meeting Agenda March 19, 2019 – Page 21 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 17 of 34
into this zone gets a deferral of that tax temporarily up front. If it's held for five years it's
a ten percent reduction in capital gains. If it's held for seven years it's a 15 percent deferral
and if it's held for a total of ten years you get the 15 percent and it's kind of a kicker, you
get, essentially, the -- the gains that were had on the investment are not subject to gains
taxes. So, it's a -- it's quite a phenomenal tool that the federal government has put out .
Really, that's -- that's the -- that's the strings, if you will. It's very different from most, you
know, incentive -- federal incentive type programs where there is, you know, demographic
requirement, a -- you know, a qualification element, those types of things. It's just -- if you
have gains and you invested in this area, you are eligible via your taxes for -- for this
incentive. So, that's kind of just an overview on how the program works. Again, here is
just a quick visual for you all to kind of look at that and how that -- how that plays. And,
then, this is just a quick visual on actually how -- in dollars and cents how that works. So,
you can see there after five years you get the ten percent, after seven five percent and,
then, after ten you get the 15, plus the permanent exclusion. So, there is the -- it's just a
great way for folks that are in that situation, whether it's an individual , a corporation, or
what have you, to invest in our community. So, with that, just real quickly what we are --
what we are hoping to really do with this. I'm trying to not be too grandiose or dramatic,
but this is truly an incredible opportunity for Meridian. We were just with representatives
from the Wood River Valley, Ketchum and Hailey and Bellevue areas and they were just
-- they would kill for this. They want to know more about it, so they can come and invest
in it and -- but this is just a sampling of some of the calls that we are already receiving in
this regard and, really, the way that I look at this is it's -- it truly is a zero sum game. Our
community has this area designation, others don't. So , that's really good for us. But,
then, we are competing really with other opportunity zones and so it's in our interest to do
all we can to market this to the, you know -- you know, communicate both locally and, you
know, as far reaching as we can to try to take advantage of that. What this map shows
you is just some -- some quick visuals on maybe some of the potential areas. So,
obviously, our downtown is in the zone. There is the -- you know, what we are calling this
industrial corridor along Pine and the rail corridor and, then, also the -- the med -- med
tech -- medical education corridor, which Caleb and Brian talked about in their
presentation on the comp plan, some of the things that -- that are happening there with
that Woodbridge-Magic View area. So, again, just something really exciting that -- that
we have in our tool kit now to attract business , to attract investments and to hopefully
really kind of bend this to our advantage in this -- in this area. And, then, just, lastly, just
a quick note. Really what -- what our plan is is to -- you have a handout there in front of
you that is kind of a marketing piece and, then, also just a -- more or less a map of the --
of the zone. But, really, we do want you to be aware of this. Obviously, for your --
yourselves as individuals, maybe your customers or clients, people -- other people in the
community that -- that could take advantage of this and, then, of course, also, you know,
other businesses that are looking to grow and expand and, then, also abroad, if there is
other investors -- capital that is -- is looking for a home, we want to have it be in Meridian.
So, that's just a quick overview for you and be happy to answer any other questions that
you may have.
De Weerd: Thank you, Cameron. Mrs. Perreault.
Meridian City Council Meeting Agenda March 19, 2019 – Page 22 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 18 of 34
Perreault: You mentioned competition with other opportunity zones. Are you meaning
within the valley or in other states? Can you clarify that?
Arial: Madam Mayor, Commissioner.
De Weerd: Yes.
Arial: The -- great question. So, I think it is -- there -- there are certainly local dollars.
So, yeah, we would be, you know, competing with other zones in the state. But, you
know, when you think about our zone in particular -- and here I will just toggle back to the
-- to the visual just to make sure that you can see that there. Really what we are talking
about is there is very few, but some, you know, greenfield opportunities, but most of these
will be redevelopment, land acquisition, you know, accumulation, assimilation of
properties. So, when you're talking about that you really are talking larger dollar amounts
and just by virtue of that you may be talking about, you know, kind of your -- your mid tier,
higher tier investor groups, so it could be a national type competition as well.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: That was one of my questions. So, thank you very much. My other one
is is this a permanent designation or is it re-evaluated as tax -- as areas change? Is it
fluid or can we count on this for forever?
De Weerd: No.
Arial: Great question. Madam Mayor, Council Woman Roberts, yes, this is a -- this -- this
does sunset, so -- and, of course, you know, you never know with the federal government,
but that being said, we do -- it is on the books for at least the next ten years and it's -- the
designation is already ticking as well. So, that's -- that's something where, again, we feel,
you know, from -- from the staff level that it is a -- somewhat of a time is of the essence,
we want to get this out there, we want it to be understood and communicated well, so --
Little Roberts: Thank you.
De Weerd: Yeah. And the time has already started on the clock, which is odd, because
they are still developing the tax code around it. I mean it's crazy, but -- and if you want to
fully realize the benefit it said ten years, so, you know, leave it to government to make
something so black and white.
Arial: Yeah. You may only end up with nine, practically speaking, so --
De Weerd: Any other questions? Mr. Bernt.
Bernt: How could you tell I wanted to talk?
Meridian City Council Meeting Agenda March 19, 2019 – Page 23 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 19 of 34
De Weerd: Because you were ready to eat the mic.
Bernt: I feel like I want to sing a song. So , this is -- when -- when we were speaking
earlier about time is of the essence, I don't think that that statement could have been any
clear in my opinion. There are people -- organizations that have money and they are
looking to spend that money and so why not in our backyard. So, Mr. Arial, sent out an
e-mail to the Mayor and City Council. I read it. And a part of it struck with me and the --
the article was called Distressed Cities Find Hope In Federal Opportunity Zones. And by
no means do I believe that Meridian is a distressed city, but this is -- this is a portion of --
this is awesome. It says about half of the net increase in business establishments across
the country from 2007 to 2016 took place in either D.C. or New York or other large urban
cities. A generation ago the opposite was the case. Job growth in the 1990s was led by
rural and suburban counties, not urban centers. So , in the past jobs have came from
these areas. We have opportunity now to attract these -- these dollars in order to create
jobs -- more jobs, bucket loads of jobs, and there is no reason why this shouldn't be
happening in our backyard.
De Weerd: Did you mention jobs?
Bernt: I did. I get excited when we start talking about jobs. So, I can't thank you enough,
Cameron, for your leadership on this. I hope this just turns out to be something
spectacular for our community.
Fitzgerald: Madam Mayor?
De Weerd: Mr. Fitzgerald.
Fitzgerald: Cameron, thank you for this presentation. I think to Commissioner Bernt -- or
to Councilman Bernt's -- sorry. My -- I have PTSD from when he was on commission.
No. I'm joking.
De Weerd: That's understandable. We are feeling your pain.
Fitzgerald: I consider you one of my good friends. No. We had an opportunity -- I sit on
the Boise chamber's financial services committee and a company out of California and
Utah came and presented this same conversation to us and it centered around Boise and
the challenge I think they have is almost every one of their opportunity zones is in a brown
field. It's tank farms, it's the previous sites that are going to have some significant
environmental challenges that come with them. I think as a city we have a significant
opportunity because of this -- the area we have to utilize space that's already available
and it wouldn't be that big of a lift to take away some of that funds and shift it to Meridian,
not having the environmental impacts that they are going to have to deal with in Boise.
So, I think this is being floated out to the financial services community right now and to
developers and I think there is -- there is firms moving from California and Utah to come
help developers and folks with money to do this and I think we have a huge opportunity
to take advantage of it, so -- good luck.
Meridian City Council Meeting Agenda March 19, 2019 – Page 24 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 20 of 34
De Weerd: I keep hearing opportunity. Do you want to go back to that other slide that
shows -- yeah. This -- so, Kevin put this together and it's such a great visual for the tool
that this brings to our community and manufacturing and the medical -- med tech and in
our downtown. Three huge areas that provide family wage jobs in an area, too, in
particular, in the industrial corridor and downtown in an area that I think there are families
that would like this hope and so it's just exciting and it's something that we hope we can
adequately communicate what this means to our residents and to those investors that --
that do have those funds that they want to put into an opportunity fund. So, exciting.
Arial: Excellent. Thank you, Madam Mayor. Thank you, Members of the Commission
and Council. So, yeah, it is exciting. So, spread it far and wide. If anybody has any
questions, please, refer them our way and we can try to connect the dots and , hopefully,
make a lot of these things happen.
De Weerd: Okay. Mr. Olsen.
Olsen: One thing to consider on this -- these opportunity zone funds that are being
created, they are a very simple thing to actually create and so it's important to remember
this. This doesn't necessarily have to be big money, you know, we have got -- there is --
there is people that can do this with a million dollars or less and so it's -- it's very easy
fund to create --
De Weerd: Isn't a million dollars big money? I think I was missing something there. But
your point, yes.
Olsen: It's up -- you know, the small farms -- I'm sorry. The small businesses that are
building their facilities and that type of thing, they can take advantage of this, so --
Arial: Thank you very much.
Item 6: Facilitating Public Meetings and Due Process in Land Use Hearings
De Weerd: Thank you. We talked about it just today, so -- be awesome. Okay. Item No.
6. I don't know -- Mr. Nary, is that yours? Caleb? C.Jay? Draw the short straw. Mr.
Nary.
Nary: Madam Mayor, Members of Council, Members of the Commission, it's my privilege
to be here today and talk a little bit about facilitating public meetings and also talk about
due process. So, for those of you that don't know me, I'm Bill Nary, the city attorney. We
staff all of the City Council meetings with members from my office, as well as all of your
commission meetings. Andrea Pogue is our lead attorney that handles the Planning and
Zoning Commission, but occasionally you may see a different one from my office,
including myself, depending on staffing. So, we do -- we are there for this very reason is
in the land use world process and the public meeting process that goes with it is critical.
It is the most important part of the land use process is the public hearing and all the
information that is gathered prior to the hearing that becomes part of the record in front
Meridian City Council Meeting Agenda March 19, 2019 – Page 25 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 21 of 34
of you. So, if you hear myself or Andrea or any of the attorneys in the meeting trying to
corral the meeting to some degree and you think they are sort of trying to be controlling,
they are doing it for a reason and we will talk a little bit about that. Only seven slides, so
don't worry. I'm a lawyer, so I will only take an hour and we will be fine, so due
process --
De Weerd: He's not kidding.
Nary: -- so, the due process in land use hearings, as I said, is very critical and it basically
follows state code and city code and the state code is Title 67. That's the Local Land Use
Planning Act and, then, Meridian City Code, Title 1, Chapter 7 and the two sections deal
with -- one, with the context of public hearing, as well as requests for reconsideration ,
which are done subsequent to a decision. If the person has a concern or an issue with
the outcome, they have an opportunity to request it be reviewed and reconsidered and
that is required prior to filing any level of appeal of a land use decision. And I also included
Title 50, because that's the annexation provision. They connect it in the Idaho Code
between the annexation provision, which is in one title, which is the chapter regarding
cities, and they connect it back to Title 67 of the Local Land Use. So, it's all -- it's all
interrelated and so we want to make sure we, again, follow all the state requirements in
regards to the hearings and how those will be conducted. So, due process is a very very
basic legal concept and the basic tenants of legal -- of due process is notice and
opportunity to be heard and with land use one of the requirements -- and it's mandatory
-- is that there was a transcribable record and we will get into a little bit more of that in a
little bit. But that's the part where you will probably see myself or Mrs. Pogue or somebody
else saying stop right here, we got to make sure we got this in a transcript, make sure the
information is being provided properly, so that the record is clear. The record is what the
court ultimately may review in regards to a decision that was made that a person might
disagree with and judges don't watch videos and judges don't listen to tapes and judges
don't read anything other than what's in the record. So, that's why we get very very
concerned that the record has to be very very tight on land things. Other types of things
that might be in front of both the Council -- you may watch some of our meetings,
sometimes they can be somewhat raucous and discussions about different things,
whether e-scooters or golf courses or whatever can take a lot of different tracks and that
may or may not be significant in regards to the record. But when it comes to land use
applications, it's much more tight and confined as to what needs to be done. So, notice
is really fairly easy and occasionally there is some hiccups along the way and you all have
experienced some times where we had to renotice something, because the notice wasn't
done properly and -- and in the city that we have three notice s that are required. The
state only required one, which is unusual in today's time, because our state sort of works
off of paper, bulletin boards, things like that. That's how the code is required. So, the
state -- you're required to publish your notice and in your -- in your paper of record and I
have been doing this for 30 years and not one person has ever said I read the notice and
it was wrong. No one's -- no one ever reads the paper notice that I'm aware of it. If they
do no one's ever mentioned it. But it is required by code, so we require it. The other
method of publishing that is required is you post your agenda on the bulletin board is your
building, which, again, most people don't look at the bulletin board in the building, but it is
Meridian City Council Meeting Agenda March 19, 2019 – Page 26 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 22 of 34
required. But the two by the city code -- and most other cities have similar types of codes
like this -- require signs and mailed notice and you have probably on occasion -- we have
had issues where the sign wasn't posted properly or the mailed notice wasn't done
properly and we have to do it over and so it is critical -- and it is critical enough that we
cannot hold the hearing. So, it isn't a situation where the notice is flawed and we can
simply hear everybody and, then, come back again, we actually cannot begin the hearing
without the notice being done properly in the first place. Now, we have a standard noticing
requirement. We required mailed notice to all properties within 300 feet of the site, as
well as signs that need to be located at points on the property next to arterial roadways
where they can be visible and seen and we require they give us a picture and proof and
an affidavit that that's done. The notice -- the mailed notices are actually done by the city
or paid for by the applicant but are done by the city to make sure the noticing gets done
and there are exceptions occasionally, depending on the type of application where the
notice might have to be a thousand feet or there is a requirement instead to send it
through what they call a PSA or public service announcement, because the application is
so large that to try to do it to more than 200 properties is very expensive and onerous.
So, there are other methods the code allows in unique circumstances to allow for different
levels of notice. One of the things I have found in our city is we try very very hard to do
as much notice as we reasonably can. So, we have taken it upon ourselves in the last
couple years or year and a half to do other types of social outreach. So , whether it's
through Facebook, whether it's through NextDoor or some other means that the city might
have some outreach, our city allows you to subscribe to information from the city. We try
to make sure we try to get it out there as much as we can. We don't -- we don't require it
in the code, but we try to do it to be transparent and make sure people are aware . The
number one thing that people tend to see is the sign . That is the reality of it. Now,
occasionally, it's been my experience with people and that they might come in front of you
and say, well, I saw the sign, but I couldn't read it. Well, it's not meant for you to read it
as you drive by, it's not a billboard, so it's meant for you to pay -- notice it and maybe pull
over and go look at it, so that you know what it is, if that's -- if that's the way you want the
information, but you will hear that occasionally, I didn't see it or I didn't get the mailing --
again, the requirement is to mail it. It's not necessarily the requirement that we have to
have proof you received it, because we don't send it by certified mail, because why? No
one will pick it up. No one wants to sign for it. It's always bad news. So , no one -- no
one will ever take it if we have to send it that way, so we don't. We don't have to do that,
but those are the methods of notice that are required and, again, it is absolutely required
before we can even hear it. If it was noticed improperly we just have to set it over.
De Weerd: Mr. Bernt.
Bernt: Mr. Nary, I have a -- I have a question for you know, since we are talking about
noticing. I recently met with a -- with a resident of our city and she came up with a fantastic
idea about maybe noticing neighborhood meetings as well. It's just -- not something we
need to get in the weeds in today or this evening, but maybe something to think of going
forward about, you know, maybe allowing the voice of the people in those geographic
areas to know more about, you know, when those meetings are and what's going to be
Meridian City Council Meeting Agenda March 19, 2019 – Page 27 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 23 of 34
discussed and so they -- so they know. I just think that's something that makes a lot of
sense.
Nary: Madam Mayor, Members of the Commission, Council Member Bernt, we do require
notice of the neighborhood meetings.
Bernt: Really?
Nary: Yes. So, that they are required to give notice to those, so -- but I think it's just
mailed is my recollection. Is that right? Yeah. Five days notice and it's mailed, so --
Bernt: Is it 300 feet as well?
Nary: Yes. It's the same 300 foot. So, the -- but -- but as we periodically look at the code
-- I mean I think the -- if the Commission or the Council wants the staff to look at that and
what -- whether that's a reasonable amendment, whether it's to put signs up at that point
-- many times the neighborhood meeting --
Bernt: That's what I was talking about.
De Weerd: Yeah. That's what he was talking about.
Nary: Oh, the sign. Okay. Yeah. And the purpose of the neighborhood meeting is to
say here is what I want to do and we hope it's an interactive process and it may change,
but -- but putting up a sign, you know, there may be some practical reasons that that may
or may not work, but that's certainly something we can consider.
Bernt: Something to consider.
Nary: Yeah.
Bernt: Follow up. And so my only concern is when we -- when we have applicants come
and discuss and, you know, the developer, whoever comes up and they say, oh, we had
a great discussion with the neighbors, I mean it was fantastic. I mean the discussion was
great, we spoke about all of XYZ and everyone was in agreement and, then, you talk to
the neighbors and they are like, oh, not so much the case and so I'm not saying who is
right or who is wrong, but in virtually every single application that we have that is of
significance that is the discussion and so I'm trying to figure out a way in which we can
have better communication and maybe posting it like we do, like a normal public hearing,
maybe something that -- we can't go door to door and force people to come to these
meetings by any means, but -- but we -- I feel like by doing that that that's doing our due
diligence to make sure that -- you know, that they are communicating and that the
neighbors know about these meetings.
Nary: I don't disagree and -- and certainly we can consider whether some additional
methods or some additional way of doing it would be helpful.
Meridian City Council Meeting Agenda March 19, 2019 – Page 28 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 24 of 34
Bernt: Perfect.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Robert.
Little Roberts: Madam Mayor. Bill, I attended a meeting last night that was just -- it was
put out and kind of billed as a neighborhood meeting, but because there is not an
application currently, it wouldn't actually qualify. If they had noticed it five days in advance
it wouldn't actually be a neighborhood meeting regarding an application , since no
application is in place.
Nary: So, Madam Mayor, Members of the Council, Council Member Little Roberts, wasn't
thinking it was going to be stump the lawyer day. So, there are specific requirements on
neighborhood meetings as to when you hold them and when the application , then, that
has to be filed, because we don't want a neighborhood meeting held today and they follow
up six months from now, because everybody forgot about it. So, there are specifics
regarding that. So, last night's neighborhood meeting was just a neighborhood me eting
and -- but it wouldn't necessarily qualify for the neighborhood meeting as required by
code. But great question. So, opportunity to be heard. This is probably the most
interesting part of the process for everyone. This could sometimes be the most
contentious part of the process for everyone. So, let's walk through it for just a second.
And, again, I'm sure for every one of you this seems very obvious, because you have
been doing this, but this is -- this is really what the opportunity to be heard is and I did
leave out one, because I was focusing on the hearing itself, but written opportunity to be
heard is the same in the law as testimony in front of you. So, there are people that will
occasionally say three minutes isn't long enough. Well, then, they can submit it in writing.
I mean the written word is just as important and just as considered as the spoken. So,
just because you have a lot to say, we are trying to maintain a level of order to the
meetings and try to control some of the meeting itself. So , as we walk through it, the staff
presentation, that's normally not timed. That is staff presenting what's in front of you,
where the code is, what the decision has been at Planning and Zoning -- before the
Planning and Zoning Commission, what -- what decision points you may have, what
codes are relevant to the application, what the zone is, whatever -- all the information
that's provided. Then the applicant has a presentation. It's normally about 15 minutes,
but it may run into 15 to 20, but it generally is trying to keep them fairly confined to a time
period. The questions are untimed. We don't count that against the applicant's
presentation. We want to make sure, though, again, they have an opportunity to answer
the questions and address the issues that may have come up. Individual testimony is
three minutes. And, again, some folks don't think that's enough time. If there is three
people there and the Commission or the Council wants to give them a little bit more time,
that's fine. If there is 200 people there, three minutes is a long time with 200 people. So,
it really is something that the chair can control, because, again, your meeting is not
intended to take nine hours and you want to get some order to what you're doing , but,
secondarily, one of the things to look at -- and that's why I wanted to show this slide, the
applicant has a 15 to 20 minute window and, then, they have a five to maybe ten minute
Meridian City Council Meeting Agenda March 19, 2019 – Page 29 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 25 of 34
window for rebuttal and the questions are untimed, but they have a fairly narrowly defined
scope in our process to present. The public testimony has none. Two hundred people
can come and talk for three minutes. So, when -- when the comment comes back to you
there is not enough time, there is an unlimited amount of time. Each individual has three
minutes, so -- and, again, most of you know this, but wanted the folks to -- when they
watch this, the purpose is to present to you. It's not a debate. So, the purpose of the
record is to present to you what -- what the person wants to do and for the public to weigh
in, whether they are pro or con of what's being proposed, but it is to the chair or to the --
to the body and that's why oftentimes you will have to redirect and say, no, the questions
go to the -- to the body not to the individual. It's not a debate that the person that came
up before said the wrong thing or gave a different opinion than you have and you want to
argue with them about it, it is meant -- because that way the record is very clear to the
judge what are -- what is the body considering in making the decision and that's why we
try to steer away from this debate that sometimes can evolve in these. So, after you go
through that, again, at the end many of you have heard often that, again, the rebuttal --
the applicant gets the last word and -- and that is clear in case law in Idaho, the applicant
has to have -- it is their project, it's their property, so they get the last word. But my caution
as always is just because you're going to give the applicant the last word it doesn't mean
we keep having a dialogue constantly back and forth , let one person up, then, they come
back and they have another -- it's not the intent. The intent is to basically -- and the
reason is because once we get to a legal process later, which could happen, judges can't
find -- and it's very difficult in a record that's very unwieldy, it's like -- it's -- the best thing I
can say is is all of the record itself is like a ball, okay, but we would like it to be the size of
a softball, not a basketball and the bigger -- the bigger you make it, because there is this
constant back and forth and you let somebody co me up again and they talk for a second
time and a third time, because they have another question and they didn't like what
somebody said, it makes it very difficult to be able to show to the judge -- because the
legal standard the judge is looking for is -- was the decision based on the information in
the record. If they make a reasonable decision, it wasn't arbitrary, it wasn't simply based
on emotion, but it was based on the record of the information in front of the body, whatever
it is. And if it is, but it's at this point and this point and this point and this point and this
point, trying to gather that all back together is very difficult. So , we really caution about
being concerned -- or get concerned when you do that. So, we really want to make sure
-- so, if you see myself or you see one of our attorneys saying please don't do that , there
is a reason for that.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Thank you, Madam Mayor. Bill, one item that I don't see on here that I'm looking
to get some clarification on is typically we see groups or organizations, homeowner
associations be afforded added time or ten minutes. Is that something that is in the law
or is that just a privilege or courtesy that the chair of the meeting has decided to grant?
Meridian City Council Meeting Agenda March 19, 2019 – Page 30 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 26 of 34
Nary: Great question. And I apologize for forgetting that. Madam Mayor, Council Member
Cavener, so, yes, that is a -- that is a privilege and a courtesy. That is all. Because the
intent of that normally is to make sure -- if this person is going to talk for 50 people that
all 49 of them aren't going to come up and talk anyway. That's the courtesy. Now,
occasionally -- there is some logic to that. I mean occasionally that person may not have
covered all the points and that one person may have said, well, they said most of my stuff.
So, we have tried to be flexible I think in both the Commission and Council level about
that, but it really is to try to say, you know, if you're speaking for a large group we will give
you more time, but it is a courtesy. It's not right. Whether -- it's not a right by code or by
case law.
Cavener: Thank you.
Perreault: Madam Mayor?
De Weerd: Mrs. Perreault.
Perreault: Bill, there is a document called Public Involvement for Development that I
believe is published on the city website and it -- it delineates what happens at the
neighborhood meetings and the public meetings. Is there any way to add these
timeframes to this and maybe encourage the applicants to be sending this out with the
neighborhood letters or at least let the applicants know that this is available for it to be
sent out with the -- with the letters for the neighborhood meetings and, then, maybe
people would choose to write in if they have something more lengthy to say, since they
will be aware that they will have a three minute limitation? Is there --
Nary: I think that's a great idea. Madam Mayor, Commissioner Perreault, I think that's
-- that's a great idea. I can certainly talk with planning and see if we can enhance that,
so, again, folks do understand. I mean -- and, again, the limitation is not to suppress
people's opinions, but it's to make sure everybody can get their opinion. You know, again,
if you have an unlimited amount of time, sometimes it can get so unwieldy that it gets lost
and so that's a great suggestion.
De Weerd: But it is also impossible to say, well, I saw your hand up, you -- you gave your
time, to not allow them the three minutes.
Nary: Madam Mayor, you're actually correct. I agree with you. It is difficult to tell people
no. And, again, they may have a different point that may not have been raised, but -- but
the hope is that most people do have a spokesperson and they are going to let them
speak for them. So, as I stated before, transcribable record, e-mail is fine. E-mail
becomes part of the record. What isn't normally part of the record is the video stream.
So, the fact that we video this and it's available on YouTube, it's not part of the record.
Now, I haven't seen that asked. I mean the Council for an -- an appellant could request
that and we could have a discussion with a judge. I haven't experienced that yet that
somebody has asked me that or there is case law about that. Obviously, many cities don't
record and broadcast their meetings, but that's becoming more popular. So, since we are
Meridian City Council Meeting Agenda March 19, 2019 – Page 31 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 27 of 34
still tacking things on a bulletin board and publishing in the paper that nobody reads, it
will be a while before that makes it into Idaho code. I don't see that being anytime soon.
But on that issue, an issue we have seen -- and this is not meant to be negative to
anybody, but one of the things that I have noticed over my time with these video streams
now, people in the audience and people at home can see what you're doing . In the past
when we didn't have video stream if you weren't in the room you couldn't see what
anybody was doing. So, if it appears you are not listening or paying attention -- and I
don't have any way to make you look like you are or not, I'm just telling you we do get
inquiries occasionally that it appears the people weren't listening. Other cities have had
requests for any data on that computer that's in front of you. We have had requests for
text messages during a meeting. Other cities are experiencing that now. So, there are
people that watch and pay attention to that and it may be perfectly innocent. Hey, the
meeting is running longer than I thought. Boy, there is a lot of people here tonight.
Absolutely innocent. But people seem to notice that more, but, again, if they are not
sitting in the room they could be sitting at home watching it live and see that. So, we are
seeing that more. So, I just want you to be aware that sometimes, again, you could be
looking at information right in front of you that you need to be reviewing for this record
and it appears to someone you're not listening. I just want you to be aware that people
are paying attention way more than I have ever seen in my experience.
De Weerd: Mr. Bernt.
Bernt: Thank you, Madam Mayor. And just to confirm to P and -- those commission
members here from P&Z, that it doesn't have to be a government issued cell phone . I
mean it could be anything personal as well.
Nary: Yeah. Thank you, Council Member Bernt. So, the requests that we will get -- and
you probably don't really want to get in the weeds, but if you ever get -- we ever ask you
for this, this is -- if you don't have a city issued device -- I don't have a right to access it,
but if you did city business on it, then, it is a public record. So, we could get -- if we didn't
get a request -- and we have had them before -- for a text message or a personal e-mail
that's related to city business, I have to at least come to you and say do you have any
personal e-mail or personal text messages? If so can you screenshot it and send it to us,
because we have to provide it. So, yeah, it doesn't make any difference that it's not a city
computer, so it may not be the one in front of you, it may be your own and someone will
ask for it. So, it is an area of the law that is evolving. It's not -- obviously, again, we are
still tacking things on bulletin boards and putting them in the paper. So, the code hasn't
caught up to what does that mean or how does that apply, but we are trying to be
responsive to those types of requests. So, you know, again, it's not a -- it's a cautionary
comment and that's it. I just want you to be aware we are getting -- we do get those. We
are not alone, other cities around the state get them. We have a lot of discussions with
other municipal attorneys about that, so -- any questions? See, didn't take an hour.
De Weerd: Thank you, Mr. Nary. Yes. Hi, Caleb.
Meridian City Council Meeting Agenda March 19, 2019 – Page 32 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 28 of 34
Hood: So, Madam Mayor, I just want to sort of piggyback a little bit on -- on this topic.
Yes, everything what Bill said about the record being the size of a softball instead of
volleyball or basketball or whatever he said there -- just a couple of maybe finer points on
that. It would certainly help staff if when you're making a motion it's clear. So, concise is
fine and we try to help you out with a little bit, get the ball rolling, after considering all staff,
applicant and public testimony do this, but we don't know what all you're going to be
considering; right? We have had some hearings just over this past year -- and I'm not
going to call out anyone in particular, but a half hour ago I made a motion. That's the
motion that's on the table. No. Can you, please, restate that for us for the record, so we
-- everyone is clear what they are voting on and what conditions are going to be modified
and just -- try to be as clear as possible as you can when you're making changes and
don't leave the guesswork up to us, because then -- similar to people, you know, watching
these meetings on YouTube, they watch the findings and they -- sometimes they are left
guessing. Well, did they act? What did they do on that one topic? I heard this, but I also
heard that and wasn't quite sure -- that wasn't clear in the motion. So, again, just the
request is if you can just be as clear -- you know, this condition I would like it to read this
way, that condition this way and so on and so forth or we heard testimony on both sides,
you're the ones that are making the decision off the fence --
De Weerd: Well, Caleb, you might be really excited to hear that I have Mr. Cole s all
prepared to repeat motions.
Hood: Oh. Okay. All right. Well, then, that will be my spiel, since that's going to fall on
the clerk, then, to --
Coles: That really is news to me. I thought that was said in jest at an earlier meeting.
I'm really doing that then. But I'm going to have Chris come to all my meetings now.
De Weerd: Jest or threat or what?
Coles: Maybe both.
Hood: And, then, kind of along similar lines, sometimes occasionally staff will make a
recommendation and -- and the Commission or the Council doesn't agree with -- with
staff's recommendation or the Council doesn't agree with the Commission's
recommendation. Sometimes there is specific findings that go along with that and they
are made one way and if you want t o go another way we need that finding or whatever
the opposite is in the staff report. So, we try to call those to your attention to say, hey, if
you're going to grant that waiver request, we need you to make a specific like why, why
is this not a special right or privilege or why you think this is the right thing to do. So, we
try to prod you and we will raise our hand, please don't take any, you know, offense to
that, excuse me, can you clarify this, you're leaving that ditch op en, because you don't
think it's a safety concern; right? You know. But if you can help us with that, that really
helps that record be clear and, then, there is no, you know, some party or another saying,
well, no, that's not how the motion was made and we just are trying to make it so -- we
are taking -- trying to take the guesswork out of what your -- the true intentions are of the
Meridian City Council Meeting Agenda March 19, 2019 – Page 33 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 29 of 34
body. So, when you're making a motion if you can -- if you can maybe write it out and
probably a lot of you do, write it out, follow that script and, then, again, we will try to just
make sure everything is covered and interject and clarify and the clerk will read back
those motions, so --
De Weerd: Caleb, I think what would be helpful, too, is you give a nice detail of what the
history and -- and the comments to each application and you offer text for messaging . I
think in one of those that if the motion is going to be contrary to the recommendation from
staff to approve, to note can you continue this to -- I don't know -- a time certain, so that
new findings can be made up. So, it does help with the record, knowing that you can put
in those specifics in the findings.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, if I could add onto that, too. I mean one of the things -- and we
have talked with planning and -- and, again, I think it's just trying to get better at some of
these, is -- is like what Caleb was saying, what -- what I don't want to do is have to go to
court and say we just crossed the not out of each of the sentences and it's okay now.
That's not what the intent was. So, we want to make sure we have clear, clean findings
of what was intended and there will be occasions -- and we have had this happen where
we have come back, we have looked at the video, we have listened to the tape, we have
gone back and looked at the transcript and said I'm not totally sure what was meant. So,
we want to bring the findings back and say is this what you meant, because it really wasn't
as clear as we thought it was and -- and those usually happen when it's 1:00 o'clock in
the morning and we have been here for six hours and so it doesn't happen very often, but
there will be occasions, whether it's -- whether it's legal staff or planning staff will say can
we set this over and bring it back to make sure we get what you intended. I know it's --
it's cumbersome for applicants, I know time is money, I understand that, especially with
Planning and Zoning only meeting twice in a month that sometimes can be difficult, but
we definitely want to get it right. We don't want to -- quick isn't better. Quick costs money.
Perreault: Madam Mayor?
De Weerd: Mrs. Perreault.
Perreault: May I also make a request? I really appreciate the summaries that you provide
to us as your -- as you're reading them in the staff presentation, but sometimes when we
are making a motion, finding myself trying to compete with the presentation information
and, then, pull the staff report up, so I can get the location of it in the staff report. So, if in
that summary that you provide to us if you make a suggestion for -- for a change or
something that you want the applicant to do differently according to the code , that you
would reference the location of it in the full staff report . That would be really helpful,
because, then, that's when we end up -- the motions get broken up when we are looking
Meridian City Council Meeting Agenda March 19, 2019 – Page 34 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 30 of 34
back through the staff report and trying to find out the exact location of it. But if it's on
that summary it would be a lot quicker. Thank you.
De Weerd: Other comments? Okay.
Item 7: Staff Report Format Feedback and Additional Process, Code and
Communication Improvement Opportunities
Parsons: Madam Mayor, Members of the Commission and Council, if you would like we
can move on to -- this is kind of segueing into Item No. 7 here. I know our time is getting
short and P&Z is slated to start at 6:00 p.m. tonight. So, I just wanted to take care of a
couple of housekeeping items this evening before we conclude the joint meeting, but I did
want to let the Commission and Council know that we did hire our new associate city
planner and it's actually someone that's already on the team. It's Kevin Homes, who is
currently an assistant planner, but today is his first day as the associate city planner. So,
in the upcoming meetings you should start seeing Kevin's face at the meetings. Please
congratulate him as you -- as time allows.
De Weerd: Congratulations.
Parsons: And, then, I also -- yeah. Thank you. And, then, a couple -- almost a year ago
we were before you, myself, Caleb, at a similar joint meeting and we were talking about
how can we provide you better information and as part of that we came through updated
our staff report and came back with the format , worked with the directors, we shared all
the changes with you and so now we have had that in place for several months and staff
really just wants to gauge how you guys like the template , are there things we can do. I
know we are ever changing those documents. We found some things that we needed to
improve on as well as we started implementing that new document , but I just wanted to
get your particular feedback on that and, then, also let you know that we have made some
updates, just some process changes for you to help better inform the community. I think
that we heard from you tonight that you want more involvement on the neighborhood
meeting side. That's why I provided you with that handout to let you know we did take
that on. We will take your suggestions, look at that document, see if we can add those
changes. But the other thing that we did was with the help of Brian McClure, got to give
him kudos, because he's kind of the IT guru for the department, the jack of all trades,
that's what we call him, but he's actually created an active hearing level map on our city's
website and that's an opportunity for the public to go to our website, click on the properties
that are surrounding them, and see what -- what projects are currently in the hearing
process. That takes them right to laserfiche, they get to see all of the submitted plans,
the application, any agency comments -- it's a link -- quick link right to all of that public
information and I can tell you that's made a tremendous difference to the public. So , I
just -- if you weren't aware of that, I just wanted to make you aware of that, because that's
really a good resource that I have really -- I have found a lot of value in communicating
that to --
Meridian City Council Meeting Agenda March 19, 2019 – Page 35 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 31 of 34
De Weerd: I noted in the State of the City that that is the most common used of the maps
that we have -- we have added. So, it's a great function.
Parsons: That's fine. And, again, thanks to Kevin and Ryan and Stephanie for some part.
They are the ones that update that and keep it informed and we have found it a good
cross-training tool for our assistant planners that may want to grow with our organization.
Now they know -- when they get phone calls from the public now they know what's coming
in through the door and they are participating in that and -- and getting a taste of that and
learning from the other planners on what's happening with those projects. So, it's just
been a very universal tool for -- for all of us. So, I just wanted -- hats off to the team for
stepping up and making that happen for the community.
De Weerd: Thanks for pointing that out, Bill.
Parsons: Yes. You're very welcome.
De Weerd: And great work.
Parsons: And, then, the last item is -- I think I shared with you -- the Commission a few
months ago, but we have also had IT kind of add some shortcuts on your desktops to
point you to the cut sheets for our land uses, so that way when neighbors come up and
they are asking you -- going through some of those comp plan land use changes -- or not
changes, but design elements, you have all of those right at your fingertips , so you can
pull those up right on your computer and understand why something may or may not be
consistent with the Comprehensive Plan and why staff's recommendation is one way or
the other. So, again, we try to get those tools to you as easy as possible and make it
more convenient for you, but those are some of the highlights that I wanted to share with
you and, then, also just any -- any -- any other changes you want us to -- any code
changes you think we should take -- partake in or how can we improve communications
to their customers and, then, also, any feedback that you have on the staff report is also
appreciated.
De Weerd: Thank you. Any comments from the Commission or Council?
Perreault: Madam Mayor?
De Weerd: Mrs. Perreault.
Perreault: I just want to say thank you for -- that you're -- you have done such a great job
with the changes to the staff report. I appreciate the consciousness with what you do it
and that you're wanting to help all of us be better at what we do. I just -- I'm very
impressed at the attitude that the Planning Department takes towards it and just how
much you have listened and -- and are interested in -- in helping make that process easier.
It has made it easier and I appreciate it a lot. And the one thing I have liked most about
the staff report improvements is adding in the exhibits and adding in the maps and the
different images into that. That's -- that's been very helpful.
Meridian City Council Meeting Agenda March 19, 2019 – Page 36 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 32 of 34
Holland: Madam Mayor?
De Weerd: Yes.
Holland: I would echo the same comments. I think the most helpful thing is the four maps
that are up at the top, especially the plans development map that shows what's coming
in or what's been approved previously. I think that's really helpful to see kind of what's
around it. Also like that there is folded items of things that we need to pay attention to a
little bit more carefully. That's been really helpful as we make notes and we get ready for
the meeting. So, appreciate the work you have done on it. It's great.
De Weerd: I almost called you Ms. Bloom.
Fitzgerald: Madam Mayor?
De Weerd: Mr. Fitzgerald.
Fitzgerald: I agree. I think we all grabbed binders and I think having the information that
we are in, the binders up on our desktop it helps a ton. I have a random question, Madam
Mayor, and it may go to Bill's -- Mr. Nary's attention. We have had random applications
come in as of late where the applicant has coded -- or talked about federal code, about
you cannot take an action on this because federal code does not allow it . Andrea does
an amazing job in managing it in the middle of the meeting. How do we prepare ourselves
for when someone says by the Telecom Act of 1996 you can't do this because of this.
How does the City Council or staff want us to handle that? Because I -- I don't know if
he's telling the truth. I don't know if that's the case. I'm sure -- because the feds like to
do more regulating than they need to, but is there a way you want us to handle those
conversations? Because I -- that one hit me a little sideways and wasn't sure how to
exactly respond to that applicant.
De Weerd: Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council and the Commission,
Commissioner Fitzgerald. I think -- I mean, hopefully, almost always we will know that
ahead of time and we will be able to answer that question for you right, if it is applicable
or not. When that normally has come up it is in telecommunications and it is to say
microwaves don't hurt people and they have kind of addressed that. So, most of the times
that is right and we have already looked at that at the staff level so -- but if you ever have
a question or ever have a concern that we need more time or something else to look at,
we have had people bring up riparian lands and waterways and ducks and geese -- I
mean they bring up lots of those things and sometimes we aren't sure and we may need
time. So, counsel and planning staff might say, you know, we need some time to look at
that. So, we are going to have to put a pin in that and have them come back.
Fitzgerald: So, you're not looking to have Andrea know all the federal code .
Meridian City Council Meeting Agenda March 19, 2019 – Page 37 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 33 of 34
Nary: She does already know all the federal code.
Hood: Madam Mayor, if I can just quickly put a finer point on a couple of Bill's comments.
So, you all -- we worked IT over this last month. You all should have this icon that I'm
hovering over on your screen right now. It should all be on your screen when you're not
watching a presentation and so I'm not going to go through all the documents that are
there, but if you don't remember what high density residential means, there is a cut sheet
that tells you. Kind of to Bill's point a little bit, I won't necessarily go there, but the maps
that Brian helped co-develop with -- with IT, these -- these are a little snappier --
unfortunately, I'm not logged in here. But you can go there and it loads up pretty quickly
with zoning or hearing items and things like that. So, this is, essentially, that same map,
just on the website. So, these are quick links for you. They are hopefully helpful.
Somebody comes in testifies and says, well, it's R-4 for a mile in all directions, you can
go here and you can check the zoning and see -- you know, fact check a little bit of that
testimony if you wanted to to see what's -- what's happening there. The other thing, just
back to code, two -- two quick things on code. One, just earlier this week or maybe late
last week Bill sent out to the UDC steering committee the next round of UDC code
changes and so we are getting some feedback from them, but I anticipate here within the
next few days or so that application will be submitted. So , to Planning and Zoning first,
probably six weeks or so from now, and, then, onto City Council on that. Some of what
you will see in there is some direction from both of these bodies on , hey, why -- why do
you do things that way? Can it be done a different way and we have got some of those
changes in here. We take that direction -- in fact, there was some conversations recently
by Council -- and we are going to go and look -- look at some other codes. What you
don't have the liberty to do is change the code on the spot for an application ; right? So,
if the code says -- code is pretty black and white. The comp plan you have some
discretion in. We can get some latitude there. The code it's black and white. If it says
you can't do this within this distance, you can't. We can change the code, but that will
take a few months to change the code. If they want to wait and come back, we can bring
you back a new project that, then, complies with that code, but don't have that latitude to
just say we don't like the code, therefore, we are not going to apply it to this case, when,
in fact, it does apply to that case. So, any questions like that -- and, again, we usually try
to raise our hand and say, well, you can't. You know, that's not allowed in that zone. Just
because you want it to be doesn't make it so. But -- but that feedback is good. If you're
like I don't understand why we have this, we will look into it and potentially make that
change, so -- sorry to --
Nary: Madam Mayor?
Hood: -- I wanted to just piggyback those couple of things.
De Weerd: So, I know that we only have ten minutes that we can give the Commission
to have dinner, so --
Nary: Can I add one point, though, Madam Mayor, before you end, based on what Caleb
said. So, it's perfectly fine -- it's a -- if -- if they are -- whatever is in your record -- that's
Meridian City Council Meeting Agenda March 19, 2019 – Page 38 of 652
Meridian City Council - Planning & Zoning Joint Meeting
February 21, 2019
Page 34 of 34
in your packet is fine. That's part of the record. But if you pull up something else and you
want to discuss something else that isn't in the record, but maybe it's on these cut sheets
or something else or Google it -- please, don't Google too much. But if somehow -- make
sure you bring up -- what are you looking at, because now that can, then, become part of
the record. So, just raise the issue -- I have looked -- you know, I have looked at this
other map we have in our -- in our -- that isn't in our packet I want to talk about it. Fine,
let's put it up on the screen and talk about it. So, make sure we are making sure we are
clear -- because gathering it in the meeting outside of the record is no different than talking
about it outside in the grocery store.
De Weerd: Okay. Well, thank you all and thank you for coming and spending a couple
of hours with us before your evening meeting. We appreciate that. And I would entertain
a motion from Council to adjourn.
Cavener: So moved.
De Weerd: Do I have a second?
Little Roberts: Second.
De Weerd: I have a motion and a second to adjourn the special meaning between City
Council and Planning and Zoning. All those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 5:50 P.M.
(AUDIO RE ORDING ON FILE OF THESE PROCEEDINGS)
ell
V EERf)- DATEAPPROVED
esSiGC,;>erre_aUJ�) Ch0urmain, ptannin9 and Zoning
ATT CC) Cpm m, tbi 0 r
Chris vhnson, 'Cu-lj Ci,� t_i10rV-
Meridian City Council and Planning and Zoning Commission Joint
Meeting Special Meeting Agenda
February 21, 2019
Agenda Item Number: 3
Project File Number:
Item Title: Comprehensive Plan Update
Meeting Notes:
Comprehensive Plan
Update
February 21st, 2019
Why Plan?
Community Good (Police Powers)
17 Required Topics•Local Land Use Planning Act 1975
–Protect private property rights
–Ensure adequate public facilities
–Protect economy
–Protect natural resources
–Encourage urban development in
cities
–Ensure that development is
compatible with the land
Property Rights
Population
School Facilities
Economic
Development
Land Use
Natural resources
Hazardous Areas
Public Services
Transportation
Recreation
Special Areas or
Sites
Housing
Community Design
Agriculture
Implementation
National Interest
Electric Corridors
Public Airport
Facilities
Community Visioning
•Public involvement
•Quality of Life
•Jobs-Housing Balance
•Distribution of land uses
•Support and alignment with other plans (such as Parks and CIP)
•Not static –the City updates implementation yearly
Project Timeline
2018 JUNE
FOUNDATION
JULY –SEPT
VISIONING
2019
OCT -APRIL
OPPORTUNITIES
&CHOICES
MAY -OCTOBER
PLAN
DEVELOPMENT
#MyMeridian
VISION
#MyMeridian
VALUES
EVENT SERIES #3
#MyMeridian
CHOICES
EVENT SERIES #4
#MyMeridian
PLAN
WE ARE HERE!
EVENT SERIES #2EVENT SERIES #1
Premier Evolving Livable Connected Vibrant
#MyMeridian Vision
5 Value Themes, with supporting vision statements
Focus Areas
–Strategic Growth Management and Public Services
•Incentives (and disincentives) for development in areas where public
services already exist (infill); where should future services be expanded
in the near, mid and longer term; and growth impact analysis of proposed
development.
–Transportation and Economic Development
•Alignment of more intense land uses on transportation corridors with
services.
•Develop Master Mobility Map –current, future and long-range; multiple
modes and existing infrastructure shown and identified for the future
•Transit, rail, freight, bike, ped, commuter
•Focus groups: Transportation, Housing, Economic
Development & Community Design and Character
Specific Area Map Changes
Other Areas
Plan Outline
•Executive Summary
•Introduction & Background
i.Plan Purpose, Requirements and Contents
i.State Code Requirements
ii.Plan Development -#MyMeridianVision
iii.Plan Structure & How to Use
iv.Implementation & Action Plan
•Framework
Premier (Evolving, Livable, etc.) Community
i.Executive Summary of Theme and Elements
ii.Housing
i.Vision
ii.Policies
iii.Economic Development
iv.Arts/Culture
Make user-friendly (simple) on-line
•Premier: Housing, economic
development, and arts/culture
•Evolving: Growth, land use, and utilities
and services, schools/education,
population/demographics
•Livable: Parks and pathways, stewardship,
public safety
•Vibrant: character and design, identity,
historic preservation
•Connected:Transportation and streets
Next Steps
Steering Committee
•March: Introduction and Livable Community Chapters
•April: Premier and Evolving Chapters
•May: Connected and Vibrant Chapters & FLUM Draft Final
•June: “Final” full plan review and revisions (#MyMeridianPlan,
Phase4)
July -August: Public Review
September: Submit Application (Plan) for Public Hearings
October: P&Z Commission Hearing
November: City Council Hearing
QUESTIONS
Website:
www.meridiancompplan.com
Area of City Impact
Created by the Tax Cuts and Jobs Act of 2017
•Established to encourage long-term investments of capital gains through
“Opportunity Funds”-Private, location-specific investment vehicles
Temporary Deferral
A temporary deferral in
taxable income for
capital gains reinvested
into an Opportunity
Fund.
Step-Up In Basis
The basis for capital gains
invested is reduced by:
•10% if held for 5 years
•15% if held for 7 years
Permanent Exclusions
A permanent exclusion of gains
that came from the investment if
held for 10 years.
+
Bottom Line: Invest in the future of your community and pay less in taxes
Incredible Potential
Industrial Corridor
Medical/Education Corridor
Downtown Meridian
What’s Ahead
This is an opportunity that exists now
•The organization of the business/investment community will be key
in realizing the potential of this program
Next Steps
•Organize, identify projects, and engage investors
•Communities and organizations to advocate for community
benefits
Meridian City Council and Planning and Zoning Commission Joint
Meeting Special Meeting Agenda
February 21, 2019
Agenda Item Number: 4
Project File Number:
Item Title: Area of City Impact Update
Meeting Notes:
Meridian City Council and Planning and Zoning Commission Joint
Meeting Special Meeting Agenda
February 21, 2019
Agenda Item Number: 5
Project File Number:
Item Title: Opportunity Zones
Meeting Notes:
Meridian City Council and Planning and Zoning Commission Joint
Meeting Special Meeting Agenda
February 21, 2019
Agenda Item Number: 6
Project File Number:
Item Title: Facilitating Public Meetings and Due Process in Land
Use Hearings
Meeting Notes:
DUE PROCESS IN LAND USE
HEARINGS
Bill Nary
Meridian City Attorney
February 21, 2019
REQUIRED CODES TO FOLLOW
Idaho State Code Title 67, Chapter
Meridian City Code Title 1, Chapter 7
Sections 7 and 10
Also Idaho Code Title 50, Chapter 2
-Annexation
DUE PROCESS
Notice
Opportunity to be Heard
Transcribable Record
NOTICE
1 method by State Code –Publishing
2 methods by City Code –Signs and Mailed
Notice Within 300 ft.
Certain Exceptions for large scale
applications (1000 feet notice, PSA)
OPPORTUNITY TO BE HEARD
Staff Presentation –Untimed
Applicant Presentation –15-20 minutes
Questions –Untimed
Individual Testimony –3 minutes
Questions –Untimed
Rebuttal –5-10 minutes
Questions -Untimed
TRANSCRIBABLE RECORD
Email –Yes
Video Stream -No
QUESTIONS?
Meridian City Council and Planning and Zoning Commission Joint
Meeting Special Meeting Agenda
February 21, 2019
Agenda Item Number: 7
Project File Number:
Item Title: Staff Report Format Feedback and Additional Process,
Code and Communication Improvement Opportunities
Meeting Notes: