Loading...
HomeMy WebLinkAboutMarch 5, 2009 P&Z MinutesMeridian Planning & Zoning Meeting March 5, 2009 Page 2 of 33 ask the staff to give a brief overview of the project. After that point is done I will, then, ask the applicant to come forward. The applicant will have 15 minutes to explain their position and ask any questions and make any other comments and whatnot regarding the project. After the applicant is complete there are sign-up sheets in the back for anyone in the audience that would like to speak to the Commission. You will be given three minutes to do so. At the end of all the sign-ups that are noted I will ask one more time if there is anyone else in the audience that would like to speak and they will also get three minutes. After that is done I will, then, ask the applicant to come back -- back up and do any rebuttal or answer any questions that were asked during the public portion of the hearing and after which, then, the Commission will discuss and, then, make determinations from there. Item 4: Continued Public Hearing from February 19, 2009: AZ 08-016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district in Ada County to the M-E (Mixed Employment) zoning district in the city for Southridge 31 by James L. Jewett -northeast corner of Overland Road and Ten Mile Road: Moe: So, at this time I would like to open the continued public hearing on AZ 08-016 for Southridge and have the staff start. Wafters: Thank you, Chairman Moe, Members of the Commission. This application is a request for annexation and zoning of 36.27 acres from the RUT district in Ada County to the ME district in the city, mixed employment. This is only an annexation request. No development is proposed at this time. The property is located on the northeast corner of Overland Road and Ten Mile Road. You can see there is an aerial view of the property. There is several existing buildings on the site that some of them have been removed already and the rest will be removed.. Surrounding uses. To the north are I- 84. To the east are rural residential agricultural properties zoned RUT in Ada County. To the south is Overland Road and across Overland existing residential properties zoned RUT in Ada County and approved, but not yet constructed residential uses in Southridge Subdivision, zoned R-8 and TN-R. To the west are residential properties, zoned R-1 in Ada County. A concrete batch plant associated with the I-84 widening project currently exists on the site, but is not in operation at this time. The plant plans to resume operation at the end of April, assuming the annexation has been approved, as the use is prohibited currently in Ada County. When and if the site is annexed, the batch plant will be considered an accessory use to the construction activities related to the I-84 widening and construction of the Ten Mile interchange and will be allowed to operate until the interchange is complete. This property is designated as mixed employment on the future land use map. The proposed ME zoning designation complies with this designation. The applicant has submitted a conceptual development plan showing how this property may develop in the future. However, the applicant has stated that it is for illustrative purposes only and that future concept and development plans will be submitted based on the market and economic conditions at the time. The concept plan depicts 14 building pads, drive aisles for circulation within the site, off- street parking, the extension of Tasa Drive., a public street that currently exists across Meridian Planning & Zoning Meeting .March 5, 2009 Page 3 of 33 Ten Mile Road to the west, through the site to the east property boundary and Market Square Way, a public street proposed to connect Tasa Drive to the new alignment of Overland Road south of this site. ITD plans to construct Tasa and Market Square through the site as part of the interchange construction project. Two roundabouts are depicted on the plan to enhance traffic flow within the site. Another public street, West Old Market Court, is shown in the current location of Overland Road, extending from Market Square Way to the west midway along the south boundary of the site, ending in a cul-de-sac, with a driveway access to the north into the site. The purpose of the mixed employment area, as is stated in the Comprehensive Plan is to encourage a diversity of compatible land uses that may include a mixture of office, research, and specialized employment areas. Light industrial, including manufacturing and assembly and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments primarily serving employees and users of the mixed employment areas or nearby industrial areas are allowed. Such retail would be an exception, not the rule. Buildings in this category are anticipated to range in height from one to four stories, have total floor areas of 10,000 to one million square feet and floor- to-area ratios will exceed .75. Because no specific uses are proposed at this time, staff is requiring a development agreement with annexation of the property. A provision of the development agreement requires future development of the site to comply with all UDC standards, including current design standards in effect at the time of development and standards of the specific area plan. The applicant is also required to modify the development agreement to include a specific site plan showing how the site is proposed to develop prior to submittal of the first development application. The site plan shall include certain design elements recommended by staff, which are included as a DA provision in the staff report. Staff would like to recommend a change to DA provision F, which allows the operation of a concrete batch plant on the site as an accessory use to the construction activities related to the I-84 widening and construction of the Ten Mile Road interchange. Staff would like to remove the concrete batch plan wording and just leave it at construction activities related to the previously mentioned projects are allowed as an accessory use until the interchange construction project is complete. The particular wording of that DA provision is included on your -- on your notes there. Written testimony has been received from Joyce Baker and Melvin Baker and a letter of -- and petition signed by a total of 45 neighbors has been submitted in opposition of this application. A letter has also been received from the applicant in response to the staff report. Staff has responded to the applicant's comments in a memo that you should have that is part of the public record. Staff is not recommending any changes to the DA provisions, based on the applicant's response. Staff is recommending approval of the subject annexation with a development agreement as stated in the staff report. The staff will stand for any questions the Commission may have at this time. Moe: Thank you. Any questions of staff at this time? Rohm: I -- excuse me. Sonya, I have just one question. Is there any possibility that any of this property will be taken by the Ten Mile interchange? Meridian Planning & Zoning Meeting March 5, 2009 Page 4 of 33 Wafters: I believe the -- Chairman Rohm, I believe all the right of way's already been taken for that project. Am I correct, Pete? Friedman: Mr. Chairman, Commissioners, if it hasn't been taken -- and perhaps the applicant's representative may know better -- they have been in discussion with ITD and as I understand it fairly extensive discussions regarding the required right of way. So, if they haven't come to a conclusion, I think it probably has been taken into account on this concept plan. If the situation changes, obviously, this isn't going to be the final concept plan, so a revised plan would undoubtedly reflect the new right of way configurations out there. Wafters: If you look at the parcel configuration here, right of way has already been dedicated for Tasa and Market Square through the site and it appears that some has also been dedicated along I-84, but Mr. Van Elg can confirm that. Moe: Any other questions? Okay. Would the applicant like to come forward, please. And, please, state your name and address for the record. E1g: Good evening. My name is Van Elg. I am at -- with the Land Group, 462 East Shore, No. 100, Eagle, Idaho, representing the owners this evening for this annexation request. I will tell you that we have reviewed Sonya's staff report .and concur with the conditions and statements mentioned. Mr. Jewett .has provided some clarification points that I think merit -- merited some clarification and I think Sonya has responded to those. don't think it changes any of the conditions. I think it all -- he just wanted me to be sure that the conditions that were required would be addressed when a full development is presented to the -- to the P&Z and to City Council. And, again, emphasize that the plan that you see before you is just one of several that we have tried to develop based on the alignment of Tasa and the new alignment of the Ten Mile interchange and Interstate 84. The right of way, as Pete mentioned, has all been taken. Tasa has been purchased. That right of way exists now. It's in the process of plans -- or plans are being reviewed and such. The -- as you know, Tasa will go underneath the new Ten Mile interchange when that project is finished. The application -- that application you have before you this evening is simply that, as Sonya stated, an annexation and a rezone, and we are in no particular hurry to do the annexation and rezone, but it's essential to provide this service;, as Jim has mentioned to me, and Knife River is here as well, representing those -- the batch plant operators. But it's an essential service for the Ten Mile interchange and for the Interstate 84. We understand the terms of it, the expiration date, and I think Knife River might even offer some clarification about that as well. I think we are prepared to -- we could probably give you a date specific on it, maybe first of June or something that it would be gone, but pending any issues with ITD and delays on that project, it probably would be better to just say that once the interchange is complete. So, we are comfortable with that condition and with the changes that Sonya has made to that Condition No. F. There may be some additional discussion about Southridge -- and I need to clarify that the name is Southridge. It's not Southridge Development, as you know, to the south of it. It's owned by some of the same owners, .but it is not a Southridge project and does not have the same development agreement Meridian Planning & Zoning Meeting March 5, 2009 Page 5 of 33 associated with it. So, that may be -- there may be some confusion to that name and we apologize if that causes any -- anybody here tonight to show up thinking that they were going to be addressing Southridge Subdivision and we are not. So, our focus is simply the annexation and rezone of the project. I will clarify that the batch plant, as understand it, is not allowed in Ada County and our option was to provide -- to do the batch plant here as an accessory use within Meridian to provide those services for the Ten Mile interchange, which is a very important interchange and for the ITD activity that -- as you know. I don't have much more to add to it tonight, other than that. And, as mentioned, Knife River is here and if you need to ask any specific questions of them regarding the lease and the activity on the site, they are probably better qualified to answer those questions. O'Brien: Mr. Chair, I have one question. Moe: Yes, Mr. O'Brien. O'Brien: Mr. Elg -- so, is this something new that the Ada County won't allow the batch plant to be operational in Ada County? Is that -- E1g: In the zone that is it I don't believe it's an allowed use. O'Brien: I was just curious, because the Eagle Road interchange was -- they used a big one there for, so t just -- Elg: Did they? I'm not sure. O'Brien: Yeah. I was just curious of how that change went about, so -- okay. That's all have. Moe: I, actually, would like Knife River to come up. I'm kind of curious as far as hours of operation and whatnot -- E1g: Okay. Moe: -- for the plant. Elg: Great. Rosin: My name is Jesse Rosin with Knife River. Moe: Address? Address, please, for the record.. Rosin: 5450 West Gowen Road in -- Moe: Okay. Meridian Planning & Zoning Meeting March 5, 2009 Page 6 of 33 Rosin: -- Boise, Idaho. Knife River. Moe: Jesse, basically, within the -- within the report I have been noticing that there has been some complaints as far as late activity and whatnot through the evening. I'm just kind of curious as far as what are your hours of operation planned from start to finish now? Rosin: From start to finish we are trying to keep the hours of operation between the Meridian ordinances between 6:00 a.m. and 11:00 p.m. That's our intent. I know -- we had the .paving operations were proceeding last fall., I don't believe we had -- nothing went on past 11:00 o'clock at might. We had one time where the concrete paving went on late. The majority of it was done by 7:00 o'clock. That's the way we want to proceed with it in May when we start back up to finish the interstate. Moe: Thank you. Any other questions? That will do. Thank you very much. We do have a few folks here. The first one -- and I apologize now if I -- you must be Steve. Prisbus? Prisbus: Prisbus. Moe: I was close. Prisbus: Steve Prisbus. I live at 2530 South Del Rey Lane in Meridian. The last City Council meeting we had with Mrs. de Weerd, Mayor de Weerd, I had asked her -- all of a sudden this gravel pit popped up and I asked who -- well, who is running it? Is there any permits or -- or, you know, who is doing this and -- so at that time she had called Jim Jewett up and he said that he had talked to Knife River and Knife River was doing it and they had all the permits in place and everything was okay to do it. Now, I find out there is no permits. And I know this young lady said they are not working right now. Well., they were working today. They had trucks. They had trucks, tractors going. Everything else. Another -- Mr. Jewett told me also on -- on that -- that Marketplace project there was a -- a kind of an historic building that they were going to make them refurbish for a little marketplace and a couple days ago they tore it all down. So, I don't -- I am not trusting Mr. Jewett much more than I can see him. So, that's -- that's what I got to say. I'm just wondering why, when he had said there was a permit, and now there is no permit. And. the place is real noisy and there is a lot of trucks entering a small road on Overland Road where you're coming to a dead end, so -- thank you. Moe: Thank you very much. Next on the list was Leo -- is that Puga? Puga: Puga. Moe: Puga. Well, I'm oh for two today. O'Brien: Mr. Chairman? Meritlian Planning 8 Zoning Meeting March 5, 2009 Page 7 of 33 Moe: Yes, Mr. O'Brien. O'Brien: I personally know Mr. Puga and I wasn't aware he was going to be in here. Would that affect my -- Moe: I'm not worried about it at all. O'Brien: Just want to make sure. Puga: My name is Leo Puga. I live at 3325 Davis Lane, which is just above the -- it's the hill above -- west of the project that you're looking at for annexation. A couple things need to clarify with the Commission. Number one., no permits have ever been given for a batch plant to be developed there and surely for the heavy traffic of semis going in and out of that place and while one of the members of the construction company said they never operated beyond 11:00 o'clock, there were a number of times when they operated way past 9:00., 10.:00 o'clock at night. There is also a continuous pounding that has been going on over there. A lot of road noise. My house shakes sometimes. It's the most ugliest thing you can look at from a house and if it's going to be there for the next four years, which it could be based on what the road construction project is, I'm sorry, that is not what I signed up for and if the Ada County commissioners didn't give approval for the project, why are we -- why are you, the City of Meridian, annexing a batch plant with a gravel pit to be part of your city? I guess I don't understand that, because approval was never given by Ada County. Ada County has, basically, passed the buck to you and said, well, if they annexed you., then, you're off our hands, but if they don't annex you, then, they have a cease and desist order. So, you know, something needs to be rectified. It's ridiculous for people driving along the freeway to see a gravel pit about every mile. I mean there is a gravel pit one mile to the west of our property that could have -- very easily have handled a batch plant and you already have a gravel pit there. We didn't need to put another on 36 acres right next to the freeway, right next to all the residential areas that are there. And if you guys had a plan of how long this is going to be there -- initially the plan was it was going to be there nine months. That was the initial plan. And it was going to go away. And now the story is that it's going to continue as long as the road project is. Well, I understand the road project is important to the City of Meridian. I also understand that we have to have some guidance here in terms of what we allow in our communities and this is not what we should be allowing in this community, another batch plant that's going to continue to operate with heavy truck usage on a small road that comes to a dead end with buses going left and right and an overflow of traffic, because at this current time Biack Cat is still shut down and so is Robinson Road. So, where do you think the traffic is going? It's going right down Ten Mile and Overland. So, you know, I don't know how long we have to tolerate this, but this is ridiculous and from my perspective, as a resident in the area, annexing this and allowing them to continue the batch plant is absolutely the wrong thing to do. Thank you. Moe: Okay. Thank you. Jana. Meridian Planning & Zoning Meeting March 5, 2009 Page 8 of 33 J.Puga: I'm Jana Puga and I'm at 3325 West Davis and my concern is that they didn't have -- as far as we understand, a permit to put the batch plant there and we just assumed it was the Idaho Transportation Department that was working during the middle of the night and, you know, because you hear those fork-lifting things back up, the beeping. I'm sure you have all heard the beeping of a forklift, the noise. In the summertime we usually sleep with our window open and I know several nights I ended up closing it, because of the sound and the lights and the traffic. I come down Overland Road when I come home from work and I know that last year the traffic got so bad that they had to get construction flag men out there to be able to have the -- you know, the traffic stopped and go. Otherwise, you sat at the bottom of Overland where it connects with Ten Mile for long periods of time. My understanding was -- and I don't have -- never saw the written proof of this, but my understanding is that when they were told that they didn't have a permit that they were supposed to wait until you as a City of Meridian decided whether or not to annex them before they were supposed to continue operations. And last Thursday when I drove by they had trucks, they had gravel going into the backs of trucks and they had trucks leaving the area and so I went back and got my camera and took pictures and I didn't bring those tonight, because I didn't have the written proof of when the -- when the work was supposed to end, but my understanding was that they were going to honor that. And so I'm just concerned that, you know, the rest of the things -- the rest of the subdivision and those sorts of things that were talked about, Ididn't -- I don't have an issue with that. I know that growth is coming., but to have a batch plant put in without a hearing to operate without a permit and, then, to create noise in a current residential area -- and I don't know what was meant by -- and this was, I guess, a question that maybe somebody could clarify. It sounded like they were saying the batch plant would operate only during the construction of Ten Mile. That's if it's annexed and given approval. But, then, as you read through those notes -- Iwas trying. to hear and I couldn't really understand if he was also saying that that would continue through the construction of the subdivision. And so I don't know what the end date is on it, but I can tell you from a person that lives in a nice neighborhood., we have worked hard and we are good neighbors and it's just frustrating to see a plant like that put up without the proper permits and, then, operating cause traffic and -- and just problems. It's just -- it's a lack of respect, I think, for the neighbors. So, thank you. Moe: Thank you very much. Tom Christensen. Christensen: I'm Tom Christensen. 3409 Davis Lane. Moe: Thank you. Christensen: I didn't come here to speak tonight, but I am opposed to what has been going on. It's my understanding that the batch plant has been in operation illegally, that they did not have permits and it's disturbing to us that -- them trying to get around this now with this annexation. They have operated at night, late into the night. It is disruptive, the noise, and the traffic. Thank you. Meridian Planning & Zoning Meeting March 5, 2009 Page 9 of 33 Moe: Thank you. Earl -- I can't read the last name. If you want to speak. you got to come up. Marks: I'm Earl Marks. 3410 Davis Drive. Moe: Thank you. Marks: I didn't come prepared to speak here tonight, but the things that the people have been talking about does kind of upset me a little and it appears that we have got a chance now to let the laws do their job, but in this particular occasion it appears that the game has been to avoid living up to what the law says by being able to move that in and I don't know how long that batch plant's been operating there, but I see it every day, so it's been a good long time and it's an end game and they are trying to pull that again.. So, you folks have the opportunity to make justice look a little better and I hope you take that into consideration. Thank you. Moe: Thank you. Bob Chapin is it? Bob? Okay. From the audience he doesn't want to speak. Georgia. Chapin: I am Georgia Chapin at 3360 West Davis Lane. I'm sorry my husband cannot speak for himself, because he's 90 years old and he does not appreciate this mess that's below us and anytime you folks wish to come and have coffee and not sit on my deck like we used to, you're most welcome. Because the dust and the dirt and the weeds and the noise is there. I am wholeheartedly against this. and someone who moves in without permission -- what if I wanted to add a third garage? May I do that and not without a permit? Think about it. You fellows have an obligation. Please. work with us. Thank you. Moe: Thank you. Joyce Baker. Baker: Good evening, gentlemen and ladies, Commission,. I'm Joyce Baker. I live at 3350 West Davis Lane. I'm an affected neighbor. I live across the street from Leo and Jana Puga and I think we'd probably have to have a little fight over who is the closest to this property, us or them. Nonetheless, we have been affected by this noise and nuisance that's currently and has been going on for approximately eight months. When it started we all wondered what was going on. We thought it was preparation for the interchange, which we had been told for three years or so that that was coming, but nobody ever notified us that earth. was going to be -- piles of dirt were going to be moved from here to there and back again and back and forth and the slamming and the tail gates of the concrete trucks that push their beds up in the air -- these are tons of steel. This is the humongous -- the most humongous industrial equipment I have ever seen in my life and I was raised on a farm with some pretty large equipment. They put their truck beds up, they line up when they come back from dumping concrete, I guess, and they stop and they gun, go forward and those tons of heavy tail gates slam, bang, bang, bang against that to try to get that concrete. It took us a month or more to figure out what was sounding like bombs going off under our house. Which, actually, shook it. Meridian Planning & Zoning Meeting March 5, 2009 Page 10 of 33 And.., then, some .part of the batch plant also causes a vibration to our foundation. Every one of my windows -- the whole side of our house that we live in, the utility room, the kitchen, the nook, the dining, the great room and a master suite and bath all faces -- we bought down on the 36 point some acres. We purchased that to live there approximately ten years ago for the view and to take care of three of our elderly parents, which did happen. We needed the space. My husband and I took care of them in our home until they all three of them passed away in our home. We now no longer need this large home, but this noise and this has devalued our property. I'm speaking on behalf of a couple of other neighbors that could not be here tonight. One neighbor spent 3,000 dollars on additional insulation last summer to try to decrease the noise. Well, it didn't work, because she's on north side, too, and most of it's windows. Insulation didn't help. So, 3,000 dollars out of pocket. We are all out of pocket. Another neighbor -- several other neighbors that I talked with -- do I need. to stop at three minutes? Moe: No. Go ahead for a little longer. Baker: Okay. Moe: Just start wrapping up a little bit, but make your point, please. Baker: Speaking for several of the people -- would not sign a petition and would not show up tonight, because they did not want their names or their faces to be seen for fear of retaliation. This -- yes. I see a frown on a face. My printer didn't do a complete job of printing out or I would have been able to stick to my notes. For miles around the country this man has areputation -- James Jewett -- of being dishonest and pulling one thing after another over individuals and these people do not -- they are afraid of him. I'm not afraid to show up to say that I will not turn my back on this and you folks have the obligation, you have the duty to be unbiased. It's a heavy responsibility for you to make a recommendation on this issue and I implore you to not delay in denying this request, because this person has a reputation of not following codes and ordinances, such as which are going on on this property -- more than one at this time that is not in compliance. One of them is with the EPA. You might want to check that out. Thank you for taking my testimony. Moe: Thank you very much. Melvin Baker. From the audience he has no more comment. That is all that has signed up. If there is anyone else that would like to come forward, please, do. Elton: Curtis Elton. I live on Val Vista Drive. I'm adjacent to the southern border of the Southridge -- or the subdivision being developed.. I'm totally against the development and continual use of that gravel pit down there the way it is. There is nothing being done about the dust. They told us that it was going to be regulated somewhat last summer. It was not. The whole subdivision has been stripped off of the top soil. It's just a barren dust pile right now and to add a batch plant and more commercial development down there, it just creates more dust. We have had our house duct work Meridian Planning & Zoning Meeting March 5, 2009 Page 11 of 33 cleaned twice, because it's just filthy in our house, so we -- it's just a matter of a couple hours after you dust and you can. write your name on the table and it's just a continual hauling of gravel out of there every day, they have been working daily. I have taken pictures of the trucks, the belly dumps and the dump trucks going out of there. They are probably about the average of about every 15, 20 minutes when they are working and they have been working just about every day for the last two or three weeks and to add a batch plant to all of the mess that is there now, it just creates almost an unbearable living condition right around there and when the wind blows you can't even see through the property and, then, to add a batch plant and more commercial use there, it just is beyond what we can hardly stand and I am totally against the batch plant being there and it should be moved to some location where it does not interfere with normal living conditions. Thank you.. Moe: Thank you. Stone: Hi. My name is Susan Stone and I live at 2530 South Del Rey Lane and I heard that they have ceased operations at the batch plant, but I drive down Overland to work every day and I'm sitting behind three or four semis that I followed all the way down Overland coming out of this batch plant. So, I have never seen them cease -- and I don't know if they -- where all these trucks come from that I follow at 20 miles an hour and, then, you sit through five or six lights waiting for the left turn lanes onto Meridian Road. But it's so frustrating. There is no -- and they pull out right in front of you. You know, it's 25 right there and you're right there and they will -- several of them just pull out and you sit and wait. They don't show any respect. There were flagmen there last summer, but if you are going to allow the batch plant for whatever reason, I don't know, but you should enforce flaggers, because there is no respect for the traffic, because they don't -- and I don't think they should be able to operate until the rush hour is over, because it is a total, total traffic hazard for people trying to get to work. Thank you. Moe: Thank you. Is there anyone else that would like to come up? No, you have already been there. I'm sorry. Okay. I see no one else wants to speak. So, would the applicant like to come back up, please. And Knife River also, probably. I Think -- Rosin: Need the address stated again? Moe: Yes. Name and address again, please. Rosin: Jesse Rosin with Knife River. 5450 West Gowen Road, Boise, Idaho. 83709. Moe: Okay. Rosin: I'll try and sum up to you the facts after listening to the public speak here and apologize to all them for any inconvenience. That wasn't our intent with this whole project. We -- Knife River entered into a lease agreement with Mr. Jewett to put the batch plant in. It was our understanding that the project was going to get annexed in and we would not need a permit. That was the process, the road we went with. So, it Meridian Planning & Zoning Meeting March 5, 2009 Page 12 of 33 wasn't -- we weren't trying to go out and do this without a permit and be illegal about it. No intentions that way at all, so -- Rohm: Could you give me the definition of what a permit is? Is that just the rezoning or is there a specific .permit for batch plants within -- Rosin: As far as I understand, with ITD work that was going on there and everything thing else, the City of Meridian was not going to require a permit, it was going to be a batch plant that's not their permanent, it's only used for ITD projects there that was coming up and that was it. Rohm: So, the only thing that was actually missing is the zoning for that being located on that specific property? Rosin: Yes, sir. Yes, sir. That is my understanding. Rohm: Okay. Rosin: Going forward here. We don't want to work beyond the hours of 11:00 o'clock. We'd like to try and work to keep the noise down. We are working the ITD right of way, which we also go up onto the south Southridge 31 site and we have been dumping dirt there and that's where the loud banging gates occur. But it also occurs on ITD right of way, which is a short -- I mean it's all within those few acres there, so I don't know if there would be any difference made with the sound.. That's -- I mean we would like -- we will do whatever we can to work with the public to keep the noise down in the nonworking hours. The time on the batch plant -- if -- if it gets annexed into the city and we are allowed to operate with a batch plant, it will be done in operation and removed off of that site by the -- no later than the end of May. The batch plant would be -- Rohm: May '09 or -- Rosin: "09. Rohm: Oh. Okay. Rosin: For our contract, what we are doing with ITD right now on the Ten Mile interchange.. We don't have anything contracted on the next phase or anything else bid. This is just work that Knife River is doing right now under contract. The dust -- I believe for us -- now, there is two separate projects. People are talking about the Southridge project and, then, Southridge 31. We are working just on the Southridge 31, which is a granted access right of way we have with ITD per our contract and we entered in an agreement with James L. Jewett to access that property and use that right of way access point. We have nothing to do with what's on top of the hill, although we did do work for Mr. Jewett there for stripping the site, but we are no longer under contract with him. He is taking care of that himself. So, Knife River is not involved with that. Any other questions? Meridian Planning & Zoning, Meeting March 5, 2009 Page 13 of 33 Moe: Yeah. I'd kind of like to -- what are you guys doing in regards to dust control as far as -- do you have sprinklers out there or anything wetting that down -- wetting that area down at all or what are we doing? Rosin: I believe -- I believe we have got a water truck watering the Southridge 31, LLC, site where we are putting the dirt and the piles and monitoring that and around the batch plant. Myself -- the project manager may have -- he .might have had a complaint, but have not heard any complaints about dust on our site that we are using for this ITD project. Moe: Okay. I think -- and maybe you can help me out here, just so that -- basically, you guys were shut down. However, material has been hauled in and hauled out and whatnot. Are you looking at the concrete batch plant is what was shut down and not the rest of the operation? I'm trying to get a handle on that, because, quite frankly, I mean that's -- what I heard tonight is is they are very concerned that trucks were moving in and out. Rosin: In regards to that, the letter we received from Ada County, we understand the batch plant was to be shut down. Moe: The concrete plant only? Rosin: Yes.. Moe: All other operations for material out to the freeway was okay? Okay. Another item that came up is traffic in regards to the corner there at Ten Mile and Overland in the mornings, as well as around the 5:00 o'clock hour and whatnot. Do you guys have any intentions and whatnot trying to do some traffic control at all out there? Rosin: I believe we have had flaggers out there for traffic control, like one of the members of the public mentioned earlier. That's about it. And there is going to be -- I mean I don't know what else we can do, except for have flaggers out there. The Ten Mile interchange is going to be coming up for construction, so there is going to be -- theyare going to be affected by the other construction projects shortly. Moe: Okay. Rohm: So, your involvement has nothing to do with the Ten Mile interchange at all., then; is that right? Rosin: The -- excuse me. The Ten Mile -- yes. The Ten Mile bridge that's going to be coming out for bid here shortly. Rohm: Oh, so that's what you will be working on is the replacement of that Ten Mile bridge? Meridian Planning & Zoning Meeting March 5, 2009 Page 14 of 33 Rosin: I don't know if Knife River will be. That will be coming out for bid. ITD will release that for bid here in the next month or two. It is a separate contract. Moe: That is a total separate project than what they are doing here. Rohm: Okay. Rosin.: We are just doing the interchange right now. Rohm: Okay. The interchange? .Rosin: The freeway. Rohm: The freeway. Okay. Moe: And there was discussion that there -- a quarter of a mile to the west are you just doing stock piling material down there? There is no other plant down there, is there? Rosin: No, there is no other plant down there. Moe: Okay. It's just stock piling material? Any other questions, Commissioners? O'Brien: I just had one question. Moe: Mr. O'Brien. O'Brien: Was there a town meeting held with -- or should there have been with the people that live around this area that were affected by this -- this -- these projects? Rosin: I am not sure if there was or not, sir. O'Brien: Okay. So, maybe Mr. Elg could respond to that. Friedman: Mr. Chairman, Commissioners, there was no specific town meeting held for - - at least for the batch plant or anything else. The applicant was required by our code to hold a neighborhood meeting prior to submitting this application for this annexation, which was held. But that, again, was related to the annexation application. O'Brien: Okay. But nothing about the gravel pit or -- or the batch plant? Friedman: No. I believe that was probably already on site. Again, since that property is in the county. O'Brien: Okay. Thank you. Meridian Planning 8 Zoning Meeting March 5, 2009 Page Y5 of 33 Moe: Any other questions? No? Thank you very much. Commissioners, you do understand that the interchange is totally -- or I mean the freeway work is totally different than the Ten Mile interchange that will come later. Total separate project. Basically this -- this batch plant and everything is just for the freeway work at the present time. That's what this is. I would like to have Sonya, if you could, maybe give me -- in regards to the accessory use that we are anticipating leaving on that site, though, for the Ten Mile interchange; is that correct? Wafters: For the widening project on the interstate and also the Ten Mile interchange. Moe: The Ten Mile interchange. Wafters: Yes. Moe: Okay. Wafters: It will be removed at the end of the Ten Mile interchange project. Moe: Okay. Friedman: Mr. Chairman and Commissioners, it's our understanding that that project probably will take between 18 and 24 months. Moe: And., then, that not necessarily will be the same batch plant there, but that -- that site would be able to have a batch plant located at that -- there. Friedman: If one was needed for that ,project. Again, it could be a staging area or something like that. Just -- I know a large portion of that Ten Mile interchange project is going to be a fairly extensive filling of both approach ramps on both the north and the south and, then, of course, there will be the -- the paving and the actual placement or building of the bridge over the freeway. Moe: Okay. All right. Any comments, Commissioners? You want to close the public hearing and., then, deliberate? Mr. Rohm., any comments? Rohm: I think we should go ahead and close the public hearing and, then, we will have our discussion. Moe: That's fine with me. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the continued public hearing on AZ 08-016. Meridian Planning 8 Zoning Meeting March 5, 2009 Page 16 of 33 Marshall.: Second. Moe: It's been moved and seconded to close the public hearing on AZ 08-016. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Mr. O'Brien, any comments? O'Brien: Well, after I sorted through a few of these things it sounds like -- and tell me if I'm wrong, the majority of the problems that we have been experiencing has been through the contract that ITD has with a contractor that has the trucks using the gravel pit -- is that correct? And causing the problems with the -- the people that we heard from tonight. Is that basically what we are talking about here? Moe: Well, I would say it's ITD, but it is also with. the applicant, you know, that's looking for this annexation. You know, he's the one that -- that offered the property to be used to put this plant on it. Mr. Jewett. O'Brien: And that's -- if I -- so, that's going to be on the -- on the south side of the freeway; is that correct? Moe: Uh-huh. Because it gains access to the freeway, so they are able to -- to work, you know -- O`Brien: Okay. I need to think about this -- Moe: And, basically, this evening what we are looking to do is, basically, decide on annexation for that property, you know, to be developed at a later date. But, yeah, right now it's in RUT and it is illegal use in the county. Staff here is requesting on accessory use of that property to go ahead and operate until these projects are done. O'Brien: And it's a concern of -- of the people that -- with this being annexed, the problems that they have been experiencing is going to continue, unless it's arrested somehow or something put in place to alleviate those issues. Is that what I'm hearing? Moe: Well, they have had some hardships out there, because it's on county property and no one was monitoring it or doing much about it. 1 can't say that we are going to take care of all the problems -- O'Brien: Right. Moe: -- but at the same time that we have the authority to put conditions, you know, on the property and whatnot if that's what we so desire to do, i.e., time limits, you know, and as far as the traffic control and things like that, of which Knife River made comment that they have been -- they have been using flaggers and whatnot. You know, we can Meridian Planning & zoning Meeting March 5, 2009 Page 17 of 33 put the conditions on to make sure it happens, you know. That's pretty much where we are at. O'Brien: Let's talk about that. I'd like to see us do something that benefits -- you know, we don't want to take all the hours away from construction folks, but to alleviate some of the issues -- I think 11:00 o'clock at night is a little late, but maybe they need the off hours to be able to do that work. I need to understand that better, I guess. Comment? Moe: Well, you know, quite frankly, I mean we are moving into the -- daylight hours are coming and, you know, they are going to be working, you know, as long as they can to get the -- you know, they got a timeline on the -- on the freeway work to get done as well, you know. Marshall: Mr. Chair, I have some thoughts. Friedman: Commissioner Marshall. Moe: Oh. Marshall: Mr. Chair, I have some thoughts. Moe: I'm sorry, I did not hear you. I'm sorry, Mr. Marshall.. Marshall: I apologize. Unfortunately, this kind of construction activity has to happen somewhere and I feel for these people and I would not -- I would not be excited to be next to this at all. Where I have a serious problem is an apparent disregard for the rules that are in place. There was no permit, no ability to work out there. To me, the zoning -- they are making it very clear. You know, we are going to put something up here just to get the zoning., just so we can have this plant in operation now and maybe later it will be worth more money. I don't -- I mean that's an appropriate zone for that area, but I don't see development going in there for awhile and I don't think that's the intent of the development. I think that's an appropriate zone, but I'm not happy with what I feel is a flagrant disregard for the rules that were in place in a rural residential area that easily could have been checked with Ada County and it could have been addressed with Ada County before any of that went in and -- or with the city -- it's got to go somewhere. I understand that. And this is a very close location and economically very appropriate. It's got great access to the interstate and it's right there and it's something that's got to happen and you don't want all that traffic to go 15 miles through ten other neighborhoods to get to there. And I -- to be honest, I wouldn't be happy with the noise and the dust and I -- that's what happens with that construction and it's going to happen somewhere and if we do it somewhere else, the truck traffic is going to come in. But, at the same time., this -- I'm not happy with this development that -- the conceptual layout, because I think it's totally bogus. I think it's -- Moe: Well -- but the -- but the applicant has said that not necessarily is what it's going be, he's just not real sure. Meridian Planning & Zoning Meeting March 5, 2009 Page 18 of 33 Marshall: And the reason I say this is because that's what the applicant said.. Moe: That's correct. Keep in mind, now, I`m not defending him, I'm just walking through this project. Marshall: I appreciate that. Moe: You know, a couple things that, you know, also that you brought up, you know, we can't do anything about the wrongs that have already been done, you know, through the county and everything else. Marshall: Right. Moe: Okay? This -- and I'm just -- my feeling on this whole thing is, you know, basically, the schedule's set up to where the -- the Knife River project., that will be done in May. Marshall: Right. Moe: Okay. Basically, we have got the opportunity to take care of time limits and things like that on Knife River to verify that they take care of those things to try and, you know, mitigate some of the problems that they have out there already. You know, once that's -- once Knife River's done, you know, the site's cleaned up, it's done and over with, and, then, basically -- although the accessory -- accessory use is still there, it's not definite that they are going to put another batch plant or even gravel or whatever on that site when they start the -- the overpass project, but at the same time let's all been realistic. They are going to do a major fill back in for that whole bridge area and whatnot. There is going to be a lot of construction and a lot more activity on that than there is already on this -- on this location where this batch plant's located. So, you know -- Marshall: I guess where I was going with this is looking at past history is this going to become a serious enforcement issue for the city? We can put those conditions on, but I worry that, you know, with the disregard that's gone on in the past is it going to become an enforcement issue. Moe: Well, they have had -- they have not had to go anywhere to hear somebody complaining about them operating out there, you know, in public forum at the present time, so, therefore, at least they are hearing it if we do put conditions, you know, on times and everything else, then, they are going to have to abide by them, but -- you know. Mr. Rohm, any comments from you? What -- you look like you're pondering here. Rohm: As we -- our community develops and the freeway is widened from Meridian all the way to Nampa, just as the rural streets are widened and upgraded., there are short- term hazards that each of us have to put up with. When they rebuilt Linder Road from Meridian Planning 8 Zoning Meeting March 5, 2009 Page 19 of 33 Ustick to McMillan this last year -- I live on the corner of McMillan -- of Linder and West Loretta. The dust was so bad that it shut my heating and air-conditioning system down due to the road construction at that time. The fact of the matter is is the road still had to be there. Well, whether or not we allow a batch plant or not on this site, that freeway construction is going to take place. That Ten Mile interchange is going to take place. All of the things that are necessary to improve our community as a whole are going to take place whether we have a batch plant on that specific property or not. If, in fact, we don't have any staging or anything within the vicinity of the work that's being done, all we are doing is we are making the project or process worse by having additional miles of traffic from Canyon county or other locations within Ada County. I don't disagree with not one word that anybody testified tonight that there has been hardships and -- and I think that the -- the contractors and -- the developer really doesn't have anything to do with the fact that this road construction is taking place and if, in fact, by granting the annexation, if we can put stipulate that requires that the contractors do a better job of keeping the dust down and traffic control onto Overland Road or Ten Mile, that is the best That's going to happen for everybody from the standpoint that that freeway system is going to be upgraded whether or not they have a batch plant on that site or not. So, it's my opinion that even though the cart got before the horse, it's still the best answer if, in fact, it can be done properly and move forward from there. That's my opinion Moe: Thank you, Mr. Rohm. Marshall: Mr. Chair, I would like to echo those sentiments. I agree with Mr. Rohm on everything he's said here. Again, my concern is in enforcement. But yes. Moe: Understandable. Any other comments? O'Brien: I have been tossing around the -- Mr. Chairman -- the time frame of operation. I have to agree with Commissioner Rohm on -- you know, delaying anything is just going to take longer, cost more money, and so I'm -- I'd like to see us, you know, get in there and get it done, get them out in a timely fashion and put up with it as long as we can, but it seems like there was more concern beyond the batch plant, it had to do with the -- with the gravel pit and how it was operated. So, if I were to make a motion, would it be suffice to say that if we had the contractor insure that a sufficient amount of water trucks be made available to keep the dust down on roads and areas in and around that area? And as far as noise goes, I don't know how you can keep a big truck quiet. So, I don't know if I could even put a restriction on -- on keeping the tailgates from slamming down., you know. Moe: I'm not sure how you're going to have the contractor assure that they are keeping down the dust. I think we just. need to, basically, make sure that they are still doing, you know -- O'Brien: That's what I'm saying. Meridian Planning & Zoning Meeting March 5, 2009 Page 20 of 33 Moe.: -- dust abatement, you know, as best as possible during the course of their project on that site. O'Brien: Okay. As far as flaggers go, I think -- I think we have said that enough, that we need to have -- I don't know when -- when a flagger is required or how many trucks it requires to have a flagger out there. If it's down to single lane I can see it, but -- I don't know. Traffic control is kind of out of our hands to be able to police that part. But whose responsibility would that be to -- Moe: Depending on the maker of the motion, he can figure that out. However, quite frankly, the way I'd see it is -- is if traffic is stacking, they are going to have to get flaggers out there to get traffic out before they are going to be able to get their trucks on the road, you know. O'Brien: Okay. Trying to think how we might word that. In other words, if -- I can see where some of the concerns from the people were -- that if one truck was out there and another follows it in, it doesn't give an opportunity for the people who need to have access to the road to access it, because they are coming one., two, three, four behind each other and don't plan -- and fail to stop or yield if you will. I think this is what I heard tonight. So, how would one address that? Moe: Well, I don't know how specific you're going to be able to get. They just need to, basically, you know, be able to, you know, provide, you know, traffic control for, you know, the regular public traffic to move and not get stacked up. O'Brien: Okay. Rohm: Maybe a question for staff. Do we have ordinances within the City of Meridian that address traffic control based upon ingress-egress? Friedman: Mr. Chairman, Commissioners, to my knowledge we don't. The city attorney can help me out. Again, we have a situation where something has occurred outside of our jurisdiction. If it's ultimately annexed we can put down certain conditions that affect the use of the property. Again, because of the way that we are structured here also, the public roads are not city streets. Those streets are the jurisdiction of the Ada County Highway District or through possibly apower -- joint powers agreement with the Idaho Transportation Department. They might be Idaho Transportation Department right of way. So, do we have specific ordinances? Not to my knowledge. They are not even .our streets. We can perhaps -- and, again, Mr. Baird might be able to help me -- if you want to craft or recommend a condition of approval that there be flaggers controlling the timing of traffic onto and off of the site, that may be a possibility, but we don't specifically have ordinances that address the use of flaggers within the public right of way. Baird: Mr. Chair,. Members of the Commission, Mr. Friedman is correct, you have deeded accesses or, you know, operational accesses that they are allowed to use. Right now if they see that a flagger is useful for them getting the trucks in and out, they Meridian Planning & Zoning Meeting March 5, 2009 Page 21 of 33 can do that. You do have, as Mr. Friedman said, the ability to make that a condition of approval during certain hours -- the rush hours perhaps, but there is nothing specific in our ordinance that would otherwise require it. Moe: Okay. Thank you very much. O'Brien: Mr. Chair? Moe: Mr. O'Brien. O'Brien: Give me one moment, let me back up here. After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number AZ 08-016 as presented in the staff report for the hearing date of March 5th, 2009, with the following modification: That construction activity at peak hours, the contractor should provide flaggers to insure smooth traffic flow for both residential and construction equipment. Second., that they pay close attention to keeping down dust by water trucks as much as they can. Also, as far as the DA, provision F, staff requests that construction activities related to the I-84 widening project and construction of the Ten Mile Road interchange, shall be allowed to operate or occur on site as an accessory use to the afore-mentioned projects. Upon completion of the Ten Mile Road interchange, the operation of these construction activities shall cease. All equipment or remaining stock piles of materials shall be removed from the site and the site shall be restored to a clean condition. End of motion. Rohm: Second. Moe: I want to make a correction there. You're noting it as the Ten Mile Road interchange and this is -- right now Knife River is only doing the freeway work, they are not doing the interchange. O'Brien: It was the recommendation of staff that this be inserted in lieu of that -- of the original staff report. Moe: Okay. Okay. And there was a second. Therefore, it's been moved and seconded to move onto City Council approving of AZ 08-016 for Southridge 31. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm.: ~ Can we take a short break? Moe: We are going to take a ten minute recess. (Recess.)