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2005 03-17 ',' - t Meridian Plannina and Zonina Meetina March 17.2005. The regularly scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman David Zaremba. Members Present: Chairman David Zaremba, Commissioner Keith Borup, Commissioner Michael Rohm, Commissioner David Moe, and Commissioner Wendy Newton-Huckabay. Others Present: Ted Baird, Jessica Johnson, Craig Hood, Josh Wilson, Kenny Bowers, Bruce Freckleton, Joe Guenther, Anna Canning, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Keith Borup X X Wendy Newton-Huckabay X --6-Chairman David Zaremba David Moe Michael Rohm Zaremba: Good evening, ladies and gentlemen. I'd like to call to order this regular meeting of the Meridian Planning and Zoning Commission for March 17th, 2005. We will begin with a roll call of the Commissioners. Item 2: Adoption of the Agenda: Zaremba: Next item is the adoption of the agenda. We will take these items in order, but I would like to let people in the audience know that we have had a number of requests to not hear some of them tonight, to move them to other dates. So, we will, when we get to them, most likely move Items 7, 8, and 9, which refer to Bellingham Park Subdivision. The request has been to continue that until our hearing the first Thursday of April, which would be April 7th. Items 11, 12, and 13, we have been requested to continue that -- regarding Northwood Subdivision. We have been requested to continue that until April 21st. And we are likely to do that. Reserve Subdivision, which is Items 14 and 15, we have been requested to continue them -- I think it was until March 31 st, but we don't meet on March 31 st, so we will continue that most likely until April 7th. So, if anybody is here for Reserve, Northwoods, or Bellingham, we will not have any public testimony or discussion of those tonight, we will only move them to the new dates. So, appreciate your coming. But we will, unless I hear otherwise, consider the agenda adopted. Item 3: Consent Agenda: A. Approve Minutes of February 17, 2005 Planning & Zoning Commission Meeting. j Meridian Planning & Zoning ,- March 17, 2005 Page 2 of 60 Zaremba: And the next item on the agenda is the Consent Agenda, which consists of the minutes of the February 17th, 2005, meeting and I will first ask if any Commissioners have any comments on those? Newton-Huckabay: I have none. Rohm: No comment. Zaremba: I do have two. On page 28, near the bottom of the page, we took a vote on the item that was there and the vote actually was four in favor and one opposed and the large type says all ayes, which is not quite true. It was four to one. At the top of the next page, page 29, there is a similar thing. We had a vote that was four to one and it states that it was all ayes. Those, I think, are my only amendments. Oh. At the very end, we adjourned the meeting at 11 :28 and, then, right below that it says we adjourned at 10:20 and the actual time was 11 :28. If there are no other amendments besides that, I would entertain a motion. Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we approve the minutes as amended. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 4: Presentation - Meridian Development Corporation by Clair Bowman: Zaremba: Next on our agenda we are pleased to have another in a series of educational presentations. Tonight it's my pleasure to introduce Mr. Clair Bowman, who is the director of the Meridian Development Corp, who will tell us about this great organization. Mr. Bowman. Bowman: Thank you, Mr. Commission? -- President of the Commission or Chairman of the Zaremba: Chairman, I guess. Bowman: Chairman of the Commission. And Commissioners. I have worked with several of you in a previous facet of my public responsibilities. It's a pleasure to be here tonight to talk about something that has been become just an intimate part of what I do on a day-to-day basis and that is Meridian Development Corporation. That is the -- ¡ Meridian Planning & Zoning :' March 17.2005 Page 3 of 60 excuse me. That is the official name for what is really the urban renewal agency for the City of Meridian. It was established by ordinance of the City Council effective January 1 of 2002. There are seven Commissioners for the Meridian Development Corporation board. Two of those are City Council members. Keith Bird and Charlie Rountree sit on the board. The chairman of the board right now is Craig Slocum of CSHOA, one of the senior folks in that architectural planning and engineering firm. The vice-chair of the board is Clarence Jones, the president and CEO of Farmers & Merchants Bank. The secretary of the board is John Sessel, planner for Ada County. Linda Rupe is a former business owner, former head of the Downtown Business Association in Meridian, and she's now working for City Communications, KBOI. I forget the name of the company that owns them. Let's see. Three. Six. Oh. Ron Anderson is the seventh Commissioner. He's an ex-City Council member for the City of Meridian and also the Fire Chief for the city of Nampa. Those folks are the decision-making body. I report to them. I, actually, am on a contract basis with them, because they didn't want to have any staff salaries and things like that, so they contracted with me to provide the administration for the organization and my title is officially the Administrator for the Meridian Development Corporation. When the city established Meridian Development Corporation, it had to identify several characteristics of the community that warranted the establishment of an urban renewal agency. The primary one in our case was blighted conditions that affect things like the creamery property, the property along the north side of the railroad tracks between Main Street and about the alignment of East 6th or East 7th, things like that. Some of the other buildings and things that are run down or locked up, as the old Exchange Bank building is, things like that. Ultimately, the area that was defined for the urban renewal responsibilities, started at Fairview Cherry Lane, it runs approximately from east 4th to West 4th, down to Franklin, then, it narrows somewhat and primarily takes in just Main and Meridian and a little bit of frontage on either side of those, all the way to the interstate. In that manner, the City Council deemed that the urban renewal agency could be involved in not only the downtown or Old Town area of Meridian, but also the entrances to that. The one from the south coming in from the interstate, up Main Street, the one from the north coming off Fairview Cherry Lane, either down Meridian or Main Street to get into the Old Town area. Activating an urban renewal agency takes, according to Idaho law, a series of about five or six steps, all of which have to be undertaken in sequence and adopted by the board, ultimately, before certain actions can be undertaken. We are most of the way through that process now. We are in our -- into our fourth year, just a couple months into our fourth year now and we have one major planning project left, that would be a master planning process. So far the primary document that would be of interest to any you have, I believe, would be the marketing strategy. That document is on our website at meridiandevelopmentcorp.com. It is featured as one of the tabs on the home page there. It is a concept plan that defines the downtown area as it is intended to be if Meridian Development Corporation is able to effect any positive change in the area. The phrase Heart, Home and Hub of the Community comes out of that marketing strategy. We just, a week and a half ago, adopted a logo for the organization that now features that byline on it and we will have, within the next couple of weeks, a brochure that describes some of what we are about, some of what we are up to as an organization, also a little bit of this organizational background that I'm giving you right ; Meridian Pianning & Zoning .' March 17, 2005 Page 4 of 60 now. The marketing strategy, as I said, was a concept document. It said things like parking. Things like that creamery. Things like the old Exchange Bank building. Places like the 20 acres of property along the north side of the railroad tracks, as I mentioned earlier, are high priority things to be resolved. It didn't give direction, nor did it give priority to those. It was a concept plan, a marketing strategy. What is it that Meridian has to sell or has to give and how do we package that to make it desirable for development. The master plan will go into much more detail. We are looking at having RFO available to go out for bid sometime within the next four to six weeks and the intent there will be to look at specific projects. Does a parking garage, if we get a couple of these newer buildings that are -- you're dealing with now in the downtown Old Town area and a new City Hall goes up somewhere down here, so that we are adding let's say conservatively 150,000 square feet of combined retail and office space in our four or five block area here, one of the urban renewal agency's functions, as we see it and as the board sees it, is to provide some of the parking demand there in a centralized location, Is that more important than solving some other problem or than dealing with acquiring some other property and redeveloping it? That's the kind of question that the - - that the master plan will deal with and we would like all of you to be involved in that process to the extent that you want to be. Now, let me turn a little bit to the kinds of things that have been happening so far. I believe most of you are aware that the original proposal for the Farmers & Merchants State Bank building over here behind the City Hall started out as a branch bank drive-up facility, six to seven thousand square feet of space on a single level. Meridian Development Corporation board members had a great deal to do in talking with Clarence Jones, another board member, who, ultimately, sold the idea of a larger facility as a first step in a -- demonstrating what it can look like downtown, what a downtown building could look like, in addition to the ones we have from Gary Benoit, the George's Bicycle Shop building and the Smoky Mountain Pizza. So, we are not starting something new here, our job is to try to aid and abet, kick it into a higher gear if we can, and I think the proposal that you heard recently for the old Shell station site, Dave Buich's proposal, is another example of a building that's coming through, this one now with residences included in it. I believe there are a couple more developers who are in the process of talking about buildings that would be three or four stories that would have residential components to them. Recently, the City Council and the Meridian Development Corporation, both initiated requests to Senator Crapo's office to begin a transfer of title of anther one of these parcels. The 20 acres that lies north of the railroad track -- between Broadway and the railroad track and from Main Street to -- out to and including a part of the Precision Craft grounds, is, actually, ground held by the United States government in title. Many folks think of it as Union Pacific property, but in practice it is U.S. Government titled ground and the railroad company many years ago was given access to use it. They have continued that use without any objection and we now think it's time to convert that title back to the urban renewal agency, so that it can be part of -- perhaps the key component of a major downtown redevelopment effort. So, that has been kicked off. We do not know what the success will be at this point, all that we have done so far is talking to people. Certainly, if the senator's office decides to move forward and is successful, then, the master planning process will have a much different flavor than it would if we did not -- if we had not made that request and had not initiated that process. The last thing is I Meridian Planning & Zoning - March 17,2005 Page 5 of 60 probably my role. Yes, I'm the administrator and the gopher for the board members and help set up things in here. Although the city clerk's office helps set up for the board meetings, I still feel I'm the one responsible for bringing the things and attending to the board members. So, there is that side of the job, which I'm very familiar with through my other public responsibilities over the years. The exciting part of this job, however, is that I'm working with a lot of folks who are doing development in the area and who are now talking about what's going on downtown, how can I get involved, where should I be looking at projects. I'm -- I guess in my last couple of months of reporting to the board I have been talking to two or three individuals or groups like that every week. I think I now have 15 or 16 on my list of folks that I have met with in the last three months, all of whom have some active -- have expressed some active level of interest in downtown. Therefore, I have to work very closely with the staff that you have here, have to work very closely with the Mayor's economic development advisor Cheryl Brown, and with the Mayor and City Council, as well as with the MDC board. It's a fun job. I'm having a ball. And I guess would stop there and attempt to answer any questions that you might have. Zaremba: Thank you. Commissioners? I do have one and it's -- I guess a general question about all urban redevelopment agencies. Is there any help that you can -- help for funding that you can help people find, either through the federal government or other ways that -- I realize our agency isn't going to pay people to do things downtown, it's an economic thing, but is there -- are there federal guaranteed loans or anything that helps people redevelop a house or redevelop a commercial property that they might not get if it were not an urban renewal agency? Bowman: Good question. I probably should have had financing on my agenda here someplace and that is certainly one of them. A part of my role is to try to work with folks who need assistance like that, if I can help them without a lot of direct intervention in the process. We do not have any specific sources of funds that we know about that we would go to. We would -- what we do know about would be competitive, it would be with foundations, the Idaho Community Foundation, as an example, or it would be the Community Development Block Grant program through the U.S. Department of Economic Development. It isn't a department. Economic Development Administration. Things like that. There is, however, a stream of revenue that comes directly to the Meridian Development Corporation and I am remiss in not mentioning this earlier. When the urban renewal agency was established in January 1 of 2002, the amount of tax revenue from the geographic area that I described that goes to each of the other taxing agencies, other than MDC or the school district, was frozen. That is, for as long as the urban renewal agency exists, the City of Meridian will get no more tax revenue out of that area than they got in -- before January 1 of 2002. Same with the mosquito abatement district, same with the Western Ada Recreation District, Ada County, the Ada County Highway District. The tax revenue that goes to all those was frozen at the level it was on January 1 of 2002. Any incremental tax on that, then, goes to the Meridian Development Corporation or to the school -- Joint School District No.2. School districts were held harmless from this reduction in the increase of the revenue stream. It becomes flat, instead of growing for all of the agencies, other than the school district. So, in 2000 -- FY 2005, our current fiscal year, the total amount of such tax revenue Meridian Planning & Zoning . March 17. 2005 Page 6 of 60 from all of these other sources that now comes to the Meridian Development Corporation is about 200,000 dollars a year. That's the source of funds through which they contract with me, through which we will pay for the master planning process, we have paid for all of the other planning processes that we have done. That revenue stream is anticipated to go up reasonably rapidly and it would be the revenue stream that we would use to bond them for high priority kinds of construction. If, indeed, a parking -- improving parking is the highest priority item that comes out of the master planning process, then, MDC would have the capability to use that revenue stream, or some portion of it, to bond for doing the parking improvements in the very near future. It's a process much like what's being discussed in the legislature with the Garvee bonding proposal for highways. And in many respects urban renewal agencies are intended to be debt management agencies. They don't do nearly as much good if they live on a cash basis and just use the cash that they have, because you can never aggregate enough cash, then, to do large projects. If you're going to do large projects that make a difference in rebuilding a downtown area, you have to be able to take that cash and use it in chunks that make a difference, that stimulate other development beyond that, and that's why the urban renewal agency has the authority to do that bonding unilaterally. The board can, by itself, decide to enter into those bonding arrangements. It is the bonding underwriters who, then, determine whether the revenue stream is sufficient to get you a grade A or a grade AAA rating on those bonds. So, my apologies for going into depth again on a simple question, but I really did ignore that and I -- it's my fault. Newton-Huckabay: I have a question. Zaremba: Well, I think that's one of the great benefits to having the agency, is that there is some leverage there, so we call it. Any other questions? Newton-Huckabay: Mr. Bowman, I have a question. What types of -- how are you working in concert with the transportation authorities on -- you know, downtown traffic is the big subject for everyone. Is that just through working with the Councilor-- Bowman: The downtown Meridian Transportation Management Plan that is that close to being finished -- I think we have received a final draft -- or a final draft of the final report at this point, was undertaken by the City of Meridian and the Ada County Highway District jointly. MDC did not participate in that financially. However, I have been intimately involved for two reasons. One is because I'm working with MDC and, secondly, because folks know, then, my other role as the head of the regional transportation planning agency for many years. I still have some contacts and I guess I still have a little bit of knowledge about what goes on in that arena. So, I have been personally involved in some of it and I have also been involved as a -- kind of just an interested observer on behalf of Meridian Development Corporation. The MDC will be -- is holding a special meeting on March 30th. We will be looking, then, at the final report from the Downtown Meridian Transportation Management Plan and making a recommendation to the City Council at that point on the options or the priorities or the questions that the board has. So, we are intimately involved, but we didn't contribute ) Meridian Pianning & Zoning - March 17, 2005 Page 7 of 60 any dollars to this one, so we are not in the decision-making role, we are in the recommending role in this case. Newton-Huckabay: Thank you. Rohm: Good job. Zaremba: Great. Thank you very much. Bowman: Thank you very much. Zaremba: Thank you. All right. That was very nice. And this brings us to our Public Hearing portion of our evening. I will describe a little bit about our procedures that we will follow, for those of you who don't attend these meetings very often. Our professional staff and the applicant have already spent quite a bit of time together on each of these subjects, so we will begin each Public Hearing with a presentation from our professional staff telling us all where the project is and what the project is and identifying any issues that remain to be resolved. After that the applicant will have the opportunity to come forward and say what they care to say about the project, including addressing any items that the staff has raised, and we allow the applicant 15 minutes for doing that and that includes any engineers or other supporting staff that they bring with them, has to fit within that 15 minutes. Then, we open the Public Hearing for the public to speak and we will start with those who have signed up, but, then, anybody else that has thought of something, we will also ask you if you care to speak. We do ask, so that we all can hear you -- if it was important enough for you to come down this evening, we want to make sure that we hear you, so we ask a couple of things. One is that you only speak when you come up to the microphone and the other is that you speak loudly enough that we all can hear, even if you're at the microphone, don't be afraid of the microphone, but speak up loudly enough that we can all hear you and that our recorder can get things recorded for the record. We do ask you to limit your remarks to three minutes. Generally, the point you wish to be made can be made within three minutes. We do make an exception to that. If somebody identifies them self as a representative of a group -- an example of that would be the president of a homeowners association who is speaking for all of the homeowners in their association, we give that person ten minutes to address us. Following that, then, the applicant can come back up -- they should have been taking notes while the public was making their comments and the applicant can come back up and try and address anything that they can resolve right then that the public has brought up. And if I didn't say it, but the applicant is allowed ten minutes at that point. We do have a handy light system here. When the green light is on you have time to talk. The yellow one will go on when there is somewhere 15 and 30 seconds left, and we do ask that you conclude when the red one goes on. This helps us all not be here until 1 :00 o'clock in the morning if we can move the testimony along and we appreciate that very much. Item 5: Public Hearing: CUP 05-007 Request for a Conditional Use Permit for a wireless telecommunication facility in a CoG zone for Verizon Wireless by , Meridian Planning & Zoning . March 17, 2005 Page 8 of 60 AFL Telecommunications - 1776 North Avest Lane: Zaremba: That being said, let us begin with Item 5 on our agenda. This is CUP 05-007 and I will open the Public Hearing for that. It's a request for a Conditional Use Permit for a wireless telecommunication facility in a CoG zone for Verizon Wireless by AFL Telecommunications, 1776 North Avest Lane, and we will begin with the staff presentation. Guenther: Thank you, Chairman Zaremba. This is a -- like you said, a Conditional Use Permit for a wireless telecommunications facility. The property is off of Fairview and Locust Grove Road. It's on the existing Avest Stor-It site. It's a storage unit site that's located in this kind of L-shaped piece. The proposed location is approximately in the middle of that site. Right in this location they will be losing approximately four parking spaces, which does not affect the overall condition -- or the site for the Avest site. The site will be 12 feet by 28 feet for the -- housing the generator, the pole unit, and the base of the unit and the general location here does conform to all of the requirements of the Meridian City Code, which require it to be three times the height of the structure away from any residential uses, which would be north of the site in this location and I have also detailed that in the staff report. And that's all Barb put in there for me. The site also has one other issue here. The Crickett 85-foot cell tower is also on this site. This is a Verizon one. This is the Crickett site in that location. And at this time I will answer any questions. Staff is recommending approval with the standard conditions that are listed in the staff report. Zaremba: Commissioners, any questions? All right. Thank you. We will ask the applicant to come forward and speak, please. Hansen: Thank you, Commissioner and Members of the Commission. I'm Jerry Hansen with AFL Telecommunications, representing Verizon Wireless at 429 Lawndale Drive, Salt Lake City, Utah. I would, before I get into this too far, I'd like to make one correction to your staff report. On the first page, in the applicant's summary, it says the proposed tower will be constructed to allow for co-location for two additional antenna arrays, one at 89 feet and the other at 986 feet. On our actual zoning drawings, those RAD centers were the RAD centers for Verizon Wireless antennas, okay, not for the co- location portion. Do you have a slide of that tower? Guenther: That's what I thought was the third slide that wasn't there. Hansen: That wasn't there. Guenther: Go ahead with your testimony and we will show that here. Borup: We have got that. Hansen: You have that? Okay. Do you all know which one we are talking about? , Meridian Piannlng & Zoning > March17,2005 Page g of 60 Zaremba: Let me make sure I understand the clarification you're making. There will be three positions for antennas, but Verizon's intention is to use them all? Hansen: No. Zaremba: No. Then I didn't get it right. Hansen: Did you find the slide? It's this page on your drawing. Okay. This is a hundred foot monopole. We have been able to stealth it, so that no antennas extend beyond the circumference of the pole. This height would be 70 feet. Okay. The top 30 feet is being reserved for the antennas. If you can imagine a lazy Susan, there is a center rod that goes up from this 70 feet up to a hundred foot and, then, there are areas where the antennas attach inside of that. Verizon will be occupying the top ten feet. Okay. From the 70 feet to 90 feet is being reserved for co-locations and that will -- and that 30 feet is about the maximum that you can design this pole for when you have that lazy Susan configuration. We can get approximately three co-locators -- I mean three carriers there. I noticed in the staff report that the city wants first right of refusal for police and fire department emergency communications on that pole, which is fine. Verizon has no problem with that. We have another carrier who would like to also co- locate on that pole. So, at this point, if the city were to decide that they wanted their antennas on that pole, that could all be accommodated at the time that the actual construction takes place. And we will present that to the city to see whether or not they actually want to do it now or if they want to reserve the right. They can either have the SO foot, okay, or the 70 foot, depending on what they opt to do. It's a good design. We have been able to use this design in several locations now where you don't have to have those top hats that have the 12 antennas out on top and this pole can be painted whatever the city would like it to be. The one that Crickett has right now is some kind of a dark green or -- it looks like a dark pole. Crickett could not be co-located on, because the design of their pole would not allow it. It's not capable of having other co- locators on that pole. This is, really, the only pole design that will accommodate those. The need for this pole is not just additional coverage. The increase in communications with the growth of the city and the types of digital communications that are taking place now, for example, you have a lot of digital photos, you have got video streams, and there are so many more phones being used that the actual capacity of existing communication facilities are being stretched. In fact, what will happen is that you will have critical overloads, you will dropped signals when you're in the middle of a call, it will just end, because the capacity of the regular equipment can't handle it. This becomes a critical hand-off site from other existing sites to take off some of that traffic load and, then, this will also provide additional coverage to areas that are not now being covered well. Verizon has been getting complaints from the community about some of the coverage and so that's why they have been looking to try and figure out how to establish a site in this location. It should serve the community for quite some time and the co-location aspect of it is I think a very desirable thing for the city. There aren't too many ways that you can co-locate on a pole without having some stand-off antennas on the pole. So, if you have any questions. c Meridian Piannlng & Zoning - March 17. 2005 Page10of60 Rohm: Mr. Chairman, I just have one question. Hansen: Yes. Rohm: I have tried to encapsulate what you were saying about the antenna and I'd just like to read back the way I'd like to change the staff report and see if you concur. The proposed tower will be constructed to allow for the co-location of additional antenna arrays. Period. Hansen: That's fine. Rohm: And, then, we don't have to speak specifically to location or otherwise. Hansen: Right. We will present construction drawings that will show Verizon's location and, then, we will also show the applicable areas that are being left open for the co- locators. Rohm: Okay. Thank you. Hansen: Okay. Zaremba: If my memory serves me correctly, the Crickett tower that is nearby was approved just before the city realized that we should be doing co-location and I think it's maybe one of the towers that said, hey, we need to make an arrangement to co-locate. So, it was approved before that was a requirement and I appreciate your providing the requirement. Do you know -- certainly if an antenna can be co-located, they don't interfere with each other, but do you know if there is any reason that there would be interference from one that's -- what is it, one hundred feet away from yours or are you on different frequencies or how does that -- Hansen: No. We all have purchased different spectrums -- Zaremba: Okay. Hansen: -- from the FCC. On any give pole -- now, for example, if -- some carriers would interfere or would have a tendency to interfere with Verizon. In that case they would have to have maybe a ten-foot separation between the tip height of one and the bottom of another. In this case, the co-locator that we have been talking to will not have that interference problem and I know from work that I have done up in Caldwell, for example, on their emergency services, that there really is no problem with the emergency services bands in terms of the other locators that are on there, so it should fit very well. Zaremba: Okay. Thank you. Any other questions? ! Meridian Planning & Zoning March 17,2005 Page 11 of 60 Newton-Huckabay: No. I just have a comment. On the pole - didn't we pick kind of a standard paint color late last year to paint the poles? Rohm: I think the comment that was made was the Idaho Power Company utility gray that all their transmission towers seem to be a rather neutral color and that's the only reference that I can remember speaking to and, I don't know, maybe staff has some comments on that. Hansen: My experience is that most of the challenges come to the color at the jurisdictions and, quite frankly, the ones that seem to work best are the ones that -- like Idaho Power has adopted. They seem to stand against the horizon better. The one that Crickett has really stands out and it could be more neutral than that. Rohm: Well, it seems to me that that was the reference that we had made before, is because of that neutrality of the transmission poles that seemed to be the most -- or the least objectionable of colors. But if staff has some comments on that -- Hansen: Yeah. During your inversions it becomes almost -- Guenther: Anna just indicated that we don't have a standard color that we require. Borup: So, what would that be called, Idaho Power gray? Rohm: Good enough for me. Newton-Huckabay: If I remember right the T-Mobile pole on South Eagle Road, we suggested to them to use a specific color. Borup: And the one out at the -- Newton-Huckabay: And the one out at Ten Mile. Borup: Yeah. Near the storage facility up there. Same thing. Newton-Huckabay: Right. Zaremba: Those were in the gray ranges, not green, but they were dark, I think. Newton-Huckabay: They were gray. Right. but I guess my suggestion is that maybe we could just suggest that we find out what that color was and just continue with that color, so we don't -. Hansen: That's something the city would have to decide, I guess. I'm willing to bring in the little swatches and you guys -- , Meridian Pianning & Zoning - March 17, 2005 Page 120f60 Zaremba: I think if we just work with staff -- I understand the issue is that you can have it baked on at the factory if it's decided before you order it, so you don't to have to paint it on site. Hansen: We just need to know what you need. Zaremba: Okay. I would say work with staff on the color. Guenther: Mr. Chairman Zaremba? Zaremba: Yes. Guenther: Craig has referred to me that he did the one off of South Eagle Road and they have the color in that staff report and we can get that to the applicant. Zaremba: Okay. Guenther: If that's the color you so choose. Rohm: Works for me. Zaremba: I think that was a good compromise, so that would be a good one to pick. Borup: And I didn't pay any attention to that color. Maybe it served its purpose, but does it? Is it pretty non-obtrusive? That's all we are looking for is something that's going to blend in and it sounds like we are aware of what works. Did the other one work? Zaremba: I see the one up on Ten Mile and Ustick more than that one and it blends in satisfactorily for me, the one up there. Borup: If we have already worked out a color that works, but -- Rohm: Well, I think it's sufficient it to say that as long as you work with staff between your group and staff we can get the color right. Hansen: As soon as we can get them invisible we will. Thank you. Rohm: Thank you. Zaremba: We do have a couple other people signed up to speak. Mr. McFadden, I believe it is? Cameron McFadden? Okay. He's marked as neutral on it. And, then, Nathaniel Curly. Okay. Neither of those choose to add anything. That leaves the applicant with nothing to answer. Any more comment from staff? i Meridian Planning & Zoning March 17,2005 Page 130f60 Guenther: Yes, sir. The site specific -- or special consideration that Commissioner Rohm wanted to amend, was that number two that says the applicant shall design tower to accommodate the applicant's antenna and one other? Was that the condition that you were talking about amending? Zaremba: Are you on page four? Borup: I think he was referring to a comment that was in the application summary, so maybe we-- Zaremba: On the first page. Borup: Yeah. So, we don't really need to amend that, it's just-- Guenther: Okay. And, then, just to clarify, the police and fire have indicated that this tower most likely won't be tall enough to meet their needs, but this is something that -- for future references that they want to at least have the applicant contact them when they are going to be building the tower as to be able to locate it within their grid and, then, take a look at it, but, most likely, this one won't be tall enough for them. Zaremba: So, this is the first of a standard procedure? Guenther: They said a minimum of 125, Borup: One hundred twenty-five? Guenther: Was what their desirable range would be, which there is very few other heights in the City of Meridian that meet that. Rohm: So, with that being said -- Zaremba: The hearing is still open, if you'd care to say that on the microphone. Hansen: We initially came in with a hundred feet, because that is kind of stretching it in terms of height and getting approvals in some of the cities. If we are in a stealth design that works, if the city needs it to be taller for their own purposes, then, we can certainly look at a design, as long as Verizon can get the height that they want on this thing, you know, it's very possible that the city could co-locate on it and we can get a -- if we can get a free-standing 125 foot mono pole, you know, that might help the city out in terms of their needs, so -- I mean we are open to working with staff on that, too. Zaremba: I would guess that the issue for our consideration is whether this is the right location for a telecommunication tower. Since it's within feet of another one I can't see how there would be any objection to that. Guenther: Chairman Zaremba? , Meridian Planning & Zoning - March 17, 2005 Page 14 of 60 Zaremba: It meets all the fall zone. Guenther: It actually doesn't meet the fall zone. This one was the -- this one was approximately 310 feet from the residential district and if they went to a 125, they would not meet that three-to-one fall zone. Zaremba: That's a good point. Guenther: And second in there was Mr. Freckleton has referenced that the City of Meridian is possibly going to a wireless network in the future and so we would just like to change the Meridian police department comment, that condition to read: The City of Meridian, not police and fire, so they would have to contact the city and it's a cover all for us. Hansen: Okay. Zaremba: What page was that comment? Guenther: That would be on page five, the last condition on the -- Zaremba: Okay, So, we are -- Rohm: Page five -- well, what is it again? Zaremba: -- it is important how tall it is, then. Okay. Guenther: It is important how tall it is. It's just -- their requirements for height might not meet this location, as well as their comments to me in the comments meeting that we meet with other agencies was that they most likely have this site covered for police and fire as well. Rohm: That works for me. Zaremba: All right. Thank you. Appreciate your willingness to help, though. Okay. Commissioners, I would only make one comment. Are -- and this is, I guess, a question for staff. There are a couple of pages, on page four and page five, that talk about no signs. I think there is an exception to that. They are required to have some like danger, high voltage signs and -- Guenther: That would be like advertising signs. Zaremba: Thank you. I checked with those who signed up. Anybody who did not sign up care to comment? Okay. Commissioners? Rohm: Mr. Chairman, I move that we close the Public Hearing on CUP 05-007. , Meridian Planning & Zoning " March 17, 2005 Page 15 of 60 Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman, I move that we forward onto City Council recommending approval of CUP 05-007, to include staff comments for the hearing date on March 17th, received March 11th, 2005, with the following changes: On page -- I guess it would be page one, under the application summary -- Borup: Okay. But that's not part of the -- it wouldn't be normally part of the motion, because it's not part of the staffs recommendation. I don't know that you necessarily have to change that. Rohm: Well, I just think just -- Borup: Okay. Rohm: -- we will change it and if they don't need it, it's doesn't hurt anything to reference that. So, on the application summary I'd like to change the third paragraph down, the proposed tower will be constructed to allow for a co-location of additional antenna arrays. Period. And on page five, other agency comments and conditions, number one, change that to read: The city of Meridian must have a first right of refusal for co-location of communication devices as per MCC 11-22-E.3. End of motion. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Item 6: Public Hearing: CUP 05..()O9 Request for a Conditional Use Permit for a multi-tenant office building in an I-L zone as required by the conditions of approval for Lot 5, Block 2, Medimont Subdivision No.1 by Falash & Ross Construction, Inc. - 150 South Adkins Way: Zaremba: Next item on the agenda, No.6. I will open the Public Hearing for CUP 05- 009, request for a Conditional Use Permit for a multi-tenant office building in an I-L zone as required by the conditions of approval for Lot 5, Block 2, Medimont Subdivision No. 1 by Falash & Ross Construction, Inc., 150 South Adkins Way. And we will begin with the staff report. £ Meridian Planning & Zoning March 17, 2005 Page 16of60 Guenther: Thank you, Mr. Chairman. This is a -- the second time this request has been heard, as detailed in the staff report. The Falash and Ross building on Lot 5, Block 2 of Medimont was before you under CUP 02-016 and it expired in December 5, 2003, for practically the same building in the same location, with the same conditions. And the conditions of approval for the Medimont Subdivision are that all uses in this location receive a Conditional Use Permit. The applicant has submitted this design as well, which is a multi-tenant building, which would be used for office frontage, warehouse, kind of storage, industrial uses, for the rear. It is 11,450 square feet and located off of Adkins Way. And staff is recommending approval of this as conditioned and the only other thing that I had was that the landscape plan might be amended by SSC for the location of their dumpster. Other than that, there were no outstanding comments on the site. Zaremba: Any questions from the Commissioners? Newton-Huckabay: I have none. Zaremba: I did notice one. On the view that you have up there, the drawing that you have up there, in the upper right corner is an area that appears cross-hatched and that very small type there says sod, motorcycles, bicycle parking, but would we allow motorcycle parking on sod? Guenther: I think you may ask the applicant that question. Zaremba: Okay. Guenther: I wouldn't park my motorcycle on sod, but -- Zaremba: Well, if it's not a problem, not for me. Okay. No other questions, would the applicant care to come forward, please. Falash: Chairman, Commissioners, my name is Michael Falash. My place of business is 149 South Adkins, which is right across the street from there. I reviewed all the conditions of the staff, the sight conditions, and really accept all of them, in agreement with all of them. The intention of that motorcycle area was to be paved, just have an area that could park, you know, bikes and motorcycles and so forth, so we just had it cross-hatched in an effort to not have any cars parked in that area. I have been through this once and let it lapse and just didn't get around to putting up a building there, so time went out and so here I am back again coming through. We did change the building somewhat from what it was the first time we went through, which was a concrete tilt up building and this time we are coming through with a split face block and being a dual tan combination of split faced with a more traditional stick frame roof with asphalt shingles. Beyond that we tried to keep the square footage the same. We wanted to keep coming through on the same process we had before, trying to maximize the site, too, which is part of the deal, and beyond that I'm in agreement with all the conditions and kind of open that up to you guys if you have any questions. 1 Meridian Pianning & Zoning March 17.2005 Page 170f60 Zaremba: Okay. Commissioners, any questions? Moe: No questions. Falash: Okay. Thank you. Zaremba: Thank you. We have no one signed up to speak, but, again, if there is anybody who cares to mention something, we would be glad to have you come forward. I did forget to say earlier that when you do come forward, please, begin by stating your name and your address for the record. Roberson: My name is Ernie Roberson, 105 South Locust Grove Road, Meridian, and my place is directly behind this. It is east of this proposed multi-tenant office building, and I just have a couple of questions. I know before we were concerned about the dumpster back there and I also would like to know about building lights on the back of the building, if they shine into our property, because, you know, next to us is the small machinery shop and we were -- at that time complained about the lights, because they lit up our whole backyard, and so they turned their lights off and we really appreciated that. I'm also concerned -- I mean I wanted to ask about landscaping. Is there any landscaping -- I can't tell by this drawing, I'm sorry, but is there any landscaping beyond the chain link fence that's there? There is a chain link fence. And is there any landscaping between the chain link fence and the building. Let's see. What else? I don't understand about the motorcycle parking, because right now there is a couple of motorcycles that work -- that go to work there at the machine shop and, I'll tell you, they make a lot of noise when they get ready to go to leave. Sometimes it's 5:00 o'clock and sometimes it's later, so I'm concerned about -- when it says motorcycles, you know, plus, is it quite a few of them or what is the idea there? Other than that -- oh, the other thing was -- he said the last time that they would put slats in the chain link fence that now exists and I'm wondering if that's still part of his plan. I think that's all the questions I have. Zaremba: Thank you. Questions from the Commissioners? Borup: I was just curious in which property it was on the -- was it the second green one? Newton-Huckabay: Right there. Borup: The green one? Zaremba: We need to have you on the microphone to speak, please. Rohm: You have got to come up to the microphone and -- Zaremba: Repeat that. Meridian Planning & Zoning March 17, 2005 Page 180f60 Rohm: -- repeat that, please? Zaremba: Thank you. Roberson: It's where the red light is. Borup: Okay. Rohm: That's your parcel right there? Or is it this one? Roberson: No. No. I -- it's this way. It's this one. But I think it is the side of that green one. That green one there looks kind of big. Is that -- there, I think that's it, because it looks like that his building is going to be over just a little bit, not directly behind our house, but behind our shop and, you know, that area. Rohm: Okay. Thank you. Zaremba: Okay. Anybody else care to testify? All right. We will ask the applicant -- oops. I'm sorry. We do. Thank you. Smith: I'm Jeri Smith and I live at 335 South Locust Grove Road and we border the back of the -- all that industrial -- that light industrial area back there and we have had problems with terribly noisy garbage disposal, like early in the morning and this starts sometimes in the summertime it may start at between 5:00 and 6:00 o'clock in the morning. We have had problems with the weeds like four or five feet high in that area -- not in the area, but just behind the Intermountain Wood Products. We have problems quite considerably with the -- I think he built the Falash building on the end, that-- Borup: You need to address the Commissioners. Zaremba: You need to address the Commission. Smith: Okay. The-- Zaremba: If you have a question we will pass that on. Smith: Okay. The fab building, we had -- and we live right behind that and we have problems with that as far as they have stacked old car parts and pieces and different things clear up within probably about two feet of that building and we understood that all that was to be enclosed and I'd like you to address these to see maybe if this is going to happen as far as -- because this was supposed to have been specially treated because it was next to a residential in the finding of facts and the CUP. I'd like you to address those, please. Thank you. Zaremba: Thank you. l Meridian Planning & Zoning March 17, 2005 Page 19 of 60 Borup: Question. Ma'am? Mrs. Smith. You live south of Robersons? Smith: Yes. Borup: So, this is your property right here? Smith: Ours would be next to the attorney's office. Borup: You're down here, then? Smith: Yes. Borup: Okay. Smith: Ours would probably be the wider one. What's the blue? Is that the last one in that -- that's the last one. Is that water tower that runs through there in the red? Borup: It's the water tower. Smith: Okay. So, ours would be the wider one right up next to the blue one. Borup: Right here? Smith: Right. Borup: Okay. Thank you. Smith: You're welcome. Zaremba: Okay. Let's see. Mr. Falash, you have the opportunity to respond, please. Falash: I did take a few notes, so, hopefully, I can pick up on all these things up there. As far as the landscaping issue goes, based on the ordinance we are allowed to build up to the property line. On the east property line we have a -- there is a 20 foot landscaped area -- I think it's 20 or 25 foot that was developed by the developer down to that strip that's on the other side of the fence, but that was the intention of that landscape buffer there, it would be some buffer between the residential area and the industrial zone, so that's what the intention was and it's all developed along that that access point. I didn't really probably call it out, but our intention is to slat the chain link fence in the back, so it screens off what's happening on the site, Our intention -- we will occupy the backspace and we are fencing in that backyard. Our intention is just to have trailers that we have from job sites. We are not a company, we don't store material, we don't have hysters and stuff, we have -- just basically have, you know, our flatbed trailers and dump trailers and we just need to have them back in a secured area and our intention would be to slat that off, so they are screened from the residential side, as well , Meridian Pianning & Zoning March 17.2005 Page 20 of 60 as from the Adkins side of the -- the issue with the dumpster location, as far as your property goes, there is pretty much -- it's on the other side of the property. If we put it on the -- say the south side of our building, it would be closer to your property. We have got it intentionally on the other side, because it is more -- I think those folks -- I know what the commercial or what it's going to be or -- as part of the improvements on Franklin Road, I think that next property is all commercial property, if I'm not mistaken, but we intend to put dumpster on the far side of it. As you know, working the Sanitary Service, you have got to pretty much pull in straight and grab it, and pull back out, so it almost puts you where you're -- in these properties where your dumpster's, really, in the back of the property. It's better to have that out of sight from the main road anyway, but you got to kind of pull that in and they want to grab it and kind of come back out of it, so that location could go, as far as I'm concerned, on either side of the property, but on that side of the property it's located furthest away from your property there. The motorcycles -- I just have a couple of employees who drive motorcycles and the intention wasn't to have a bunch of motorcycles parked out there, but just an area that, you know, a few of my people once in awhile they pull up and no place to park with that many cars parked in there and it's kind of back in our area, so if they leave them there, at least they are in kind of a secured area and that was the intention of it. I think I have addressed -- Moe: The back lighting. Falash: Oh, the lighting. Yeah. Typically, we have soffett lighting that runs around the perimeter. Most of the lighting is in the -- but my intention was to have a couple of canned down lights that were back in the soffett, which would be directed down on the face of the building, that won't be -- there won't be any wall packs back there that face out to the east side, they will be down lights that will come down out of the soffett and sort of wash the wall and a little bit on the street side and, again, that buffer, you know, we are -- from our building we are probably 50 feet, 60 feet from the property line and, then, there is another 20 foot landscape buffer there, so you're -- and if you slat the fence there, there is going to be quite a distance there between where their property starts and where our building occurs. Moe: So, no flood lights, nothing like that, it's just down lights only? Falash: No. Just typical -- what you got here. Just kind of lights in the back, so you have lights coming out -- I think we have a man door back there and one overhead door coming into it, just to get some light back in that area. Moe: Okay. Falash: Any other questions? Zaremba: I did have one just occur to me. I see -- you have mentioned the back area being fenced in and I sort of missed that in the things that I was reading. I see where this would be a gate. Meridian Pianning & Zoning , March 17.2005 Page 21 of 60 Falash: That's a gate. And, then, we have one -- that's another side. Zaremba: This is a gate here? Falash: Correct. Zaremba: And my question would be whether the fire department would care to have that be knock boxes or something like that. Guenther: That is a condition of approval. Falash: Yeah. Zaremba: It is in there? Falash: Yeah. It's underneath the roof and you got the radiuses for the turning. We are going to be a fully sprinklered building, so it helps us out on whatever the fire department goes. Zaremba: They would be able to get through there? Falash: Yeah. We can have a lock box with a knock box on it and a key to get through the gate area, so it's -- it's the same thing you put on your building to give them access to that. Zaremba: Great. Thank you Falash: Okay. Thank you. Zaremba: Any further questions or comments from staff? Guenther: No. Zaremba: No? Commissioners? Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we close the Public Hearing on CUP 05-009. Moe: I'll second that. Zaremba: We have a motion and a second. All in favor, please, say aye. Any opposed? That motion carries. Meridian Pianning & Zoning March 17,2005 Page 22 of 60 MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman. I move that we forward on to City Council recommending approval of CUP 05-009, including all staff comments for the hearing date March 17th and received on March 11 th, including all staff comments. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: I just have one comment. We might suggest to Mrs. Smith who to contact in the enforcement agency if they are not taking care of their landscaping as they are supposed to. Zaremba: That is a good point. I believe she was talking about an existing property, but -- Newton-Huckabay: Yeah. Well, we can't enforce that, but we can steer her in the proper direction, so that -- the enforcement body for the property that are existing. Item 7: Item 8: Item 9: Public Hearing: AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: Public Hearing: PP 05-009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: Public Hearing: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot size, street frontage and yard setbacks for Bellingham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: Zaremba: I believe that's a called to the police department where the enforcement officer is. Okay. Thank you. I will now open the Public Hearing for Items 7, 8 and 9. That's AZ 05-007, PP 05-009, CUP 05-008. All three relating the Bellingham Park Subdivision and as mentioned earlier, we have a request to continue this item -- requested for March 31st, but since we don't have it, let's assume the request is for April 7th. My only question would be to staff if they believe they will be prepared by then. Is that enough time? , Meridian Piannlng & Zoning March 17, 2005 Page 23 of 60 Wilson: No. Bruce is indicating that the second meeting in April -- and that may be full, from what I'm hearing. But that is what they are requesting. Zaremba: Okay. So, we would rather that it be April 21 st? Wilson: That's what they would prefer. I'm not sure if it fits or not. Zaremba: Okay. Commissioners? Newton-Huckabay: Didn't they just say that April 21 st is already full? Zaremba: It's much more than the 7th is. The 7th is a pretty light agenda, but -- Rohm: We will just work harder. Zaremba: It's up to us to -- it was noticed for tonight and it's up to us where we move it to, if there is a better time. Rohm: We have six items already for the 21 st? Zaremba: That sounds right. Borup: Items or hearings? Rohm: We had 18 for tonight, so -- Canning: Chairman Zaremba? Zaremba: Actually, on the 21st I'm already up to ten. There may be a few more. Director Canning. Canning: You have six projects, four of them residential, two commercial. Newton-Huckabay: I don't want to add anymore to the 21 st, because I believe this is a - - this is a rather large development itself as well. Freckleton: Mr. Chairman, the applicant, in our meeting with them today, they felt like getting on the first one -- the first meeting in April was a little too close. They wanted to have time to make sure that they got everything addressed and I explained to them that typically the second meeting is for carry over projects and that sort of thing, so they threw it out, but it's your prerogative. Zaremba: Yeah. The other option would be to go all the way to May 5th. Borup: Help them out by giving them even more time. Meridian Pianning & Zoning " March 17, 2005 Page 24 of 60 Newton-Huckabay: I think we ought to move it to May 5th. If we have that many projects on the 21 st of April, that's getting huge. Rohm: This is your opportunity to make a motion to that effect. Zaremba: The chair would entertain a motion to that effect, Commissioner Newton- Huckabay. Newton-Huckabay: Mr. Chair, I'd like to recommend that we move AZ 05-007, PP 05- 009, and CUP 05-008 to our May 5th, 2005, Planning and Zoning Commission meeting. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. Those three are continued to May 5th. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: RZ 05-002 Request for a Rezone of 1.28 acres from R-4 to L-a for Meridian Fire Station No.4 by the City of Meridian - Lot 1, Block 4, Thousand Springs Subdivision No.1: Zaremba: Okay. Next we will open the Public Hearing for Item No. 10. This is RZ 05- 002, request for a rezone of 1.28 acres from R-4 to L-O for Meridian Fire Station No.4 by the City of Meridian, Lot 1, Block 4 of Thousand Springs Subdivision No.1. And we will begin with the staff report. Wilson: Thank you, Chairman Zaremba, Members of the Commission, The City of Meridian and Meridian fire department have jointly applied to rezone approximately 1.28 acres on South Eagle Road from R-4 to L-O construction of a Meridian fire department sub station. The subject property was identified on the 2002 Comprehensive Plan Future Land Use Map as a potential location for a fire station and it was also identified on the face of the plat for Thousand Springs Subdivision No.1 recorded in 1999 as a site for a Meridian department fire sub station as well. There are no outstanding issues that staff is aware of for the Commission. I would just mention that the surrounding land uses are Bonito Subdivision, a commercial subdivision zoned CoG is to the north across the Ridenbaugh Canal. Thousand Springs Subdivision No. 1. does lie to the west and south of the subject lot. Directly to the south of the lot -- of the subject lot is a City of Meridian well lot. I'm not -- Bruce can maybe help me out if that has been developed yet or not. No. That's a future well lot. And across Eagle Road to the east is some rural residences and some vacant land. I think with that we have some members of the Meridian fire department and some -- a person from ZGA Architects who has been working with the fire department and I will turn it over to them and also take questions from the Commission. " Meridian Planning & Zoning March 17.2005 Page 25 of 60 Zaremba: Any questions? Rohm: I have none. Zaremba: Okay, This is the opportunity for the applicant. Chief, do you have anything to say? Okay. Zabala: Mr, Chairman, Members of the Commission, my name is Tom Zabala, I am with ZGA Architects. Our address is 565 West Myrtle Street in Boise. I am here tonight on behalf of the Meridian fire department. As you have noted, here this evening is Chief Bowers, as well as Danny Little, our project manager for this project, who could speak to specific details about the operation of the facility and from the Meridian fire department's perspective, as well as any technical issues that you may have about the building. We have had a chance to review the staff report on this. We take no issues with any of the conditions or statements of fact that are outlined in that. As they have indicated, this site has been identified for quite some time as a location for a future fire station. As everyone knows, that area of our community is growing rapidly and it's very critical in terms of timed response for emergency services to be within a certain distance and this facility is one that is planned to do that and to improve public safety services for the City of Meridian. This facility will be similar to stations previously built for the city, as at Locust Grove and Ten Mile. I have here some small versions of -- I have some small versions of the site plan and building plan, landscape plan, and building elevations that I will pass that out, because you don't have anything in your packets, I believe it shows what's going to be built. So, I'll stop talking for a second. I might add that we had our neighborhood meeting on the 11th and we had one of the adjoining neighbors show up that evening and we talk over the project with them and I notice that they are signed up here this evening to speak, so I will let them speak to any kind of concerns they may have about the project. We did also aUhat meeting provide those folks with these drawings, so that they would have the opportunity to review them in more detail than what the public neighborhood meeting allowed for them. What you will see in the packet there, obviously, is the site plan for the building. It is fronted onto South Eagle Road. The apparatus bay where the fire and emergency vehicles are located on the north end of the site. We have parking for both firefighters, as well as visitors, to the south of the site. The well lot that was referred to by the staff has been incorporated into this project. The city has determined that they no longer need it for a well site, so it has been incorporated into our project. And as you will see on the second sheet, which is a concept landscaping plan, we are working -- in the process of working with the City of Meridian and Meridian Parks Department to develop a small casual park there, along with a connecting link back to the neighborhood. That small connecting link does exist today. It's pretty much a barren, sort of a weed area, not now well developed, but the intent would be to come in here and working with the fire department to landscape that and provide some trees, some casual areas for sitting. Not a formal park by any means, but just a kinder, gentler way of getting from South Eagle Road to the neighborhood and back and forth and also improving the balance of that lot. Within the packet you will see the floor plan of the building. It is a two bay facility. There are four sleeping rooms along the west side of the site, with the rest of the internal activities for , Meridian Pianning & Zoning March 17,2005 Page 26 of 60 the firemen and the other emergency members that will be housed there. There is also on the last page a colored elevation of the building, which, again, reflect the general materials, color, and texture, height and et cetera of the buildings that have been built out at Ten Mile and Locust Grove. I think the Meridian fire department -- all previous -- these previous stations have also been built in similar situations where we adjoin a neighborhood and the chief can speak more directly to the measures that they have taken to be good neighbors. They are -- they do have to roll every so often, but they are very conscientious about lights and sirens as best the circumstances will allow. With that I will be happy to answer any questions that the members may have. Rohm: Just a comment. Fire stations adjacent to residential development seems to be a good place to put fire stations. Zabala: Well, I'll tell you, if you are having a heart attack or a fire, you like to hear those sirens coming. Rohm: Absolutely. Zaremba: Well -- and I would suspect that the homeowners' fire insurance would go down -- or insurance would go down, probably, as well, having it close to -- this is a big step for Meridian, having the first fire station on the south side of the interstate. As you mentioned, it's been in the plan for a long time and this property has been identified for it for a long time. It's nice to see the idea moving forward. Zabala: Thank you. Zaremba: Thank you. We do have a couple other people signed up to talk. Tom Connelly. Connelly: Good evening, Mr. Chairman and Commissioners. Nice to be here tonight. I do have copies of the plan. I did check neutral and I think by the time I'm done with you you're going to realize I'm pro, because I have had nothing but a wonderful experience with the fire department, the people of the fire department, the architect, everybody has been very good with us. We are not opposing the fire station, we are -- have some major concerns that we'd like to share with people on the fact that it butts up right to my house. I get the propane tank right in my backyard and that's not a negative, it's far enough off, but the propane tank is one of the issues and the generator is another of the issues that we are interested in and the trash collecting and we are talking about small potatoes here, but what happened was when the Heritage Reflection moved in behind us, we had some situations with them with the garbage people coming out there at 6:00 in the morning, dumping the garbage and banging it and waking up everybody. That's been resolved by enough complains to the garbage department. The firemen, I'll tell you, I have been to the stations two or three times, they are marvelous, I know they are great neighbors and the people that surround them are very happy to have them around. My concern is the lights was one of the things. We have seen the lights and they have even taken that under consideration also. The lights that we see are focused , Meridian Planning & Zoning - March 17, 2005 Page 27 of 60 in such a direction that it's not going to be keeping us up all night. But the lighting is one of the things we wanted to go on record with and make sure that it's not going to be intrusive. When the fire engines come in, the way it's designed, they will be coming -- they will be heading south and they will turn west, there will be light flashing in the evening with their headlights coming in and we would like to have a little conversation about some sort of a fencing, something -- maybe some concession from them that would change the fencing. We have a six-foot fence right now, cedar, and we have maintained them very well and my neighbor will be speaking in a few moments, too. But we are looking at some sort of a block cedar -- not cedar, but a cement block or -- there is a special name for some stones that may be able to take the glare off and it would also be a noise barrier. So, this is really our only concern. We knew it was coming. We know they are great neighbors. We are looking forward to barbecues with them, but I have some really good comments, because the people that I have checked with in other neighborhoods, there have been serious illnesses and the firemen were there in 30 seconds and there are some people that attribute their existence to the firemen being that close. So, I think what I wanted to share with you is simply the sounds that are one of ours, but the dumpsters and the generators and things of that nature and the lighting and I will stop with that one. Zaremba: Great. Thank you. Any questions? All right. Thank you. Kent Heasley. Heasley: Good evening. My name is Kent Heasley at 2502 South Hood Ranch. I also am at the back of the fire station here and I must thank ZGA for having a meeting for me last week. I did go to the meeting and gather plans and they were very helpful. Met with the fire chief. We have been to some of the fire stations and talked to them and, again, I marked under neutral minor concerns and I would voice similar concerns as to my neighbor, lighting, noise, and some of the placement of the items on the site would be -- you know, would be the concerns. I have questions for staff as to if there are any codes or ordinances -- or any codes or ordinances on the lighting flow off of the property to the residential. Also sound codes, if there is any sound code requirements at residential property lines, Typically there are some codes, some decibels that are set for those areas and with that information I would like the developer to -- or the city, in this case, to consider those in developing their lighting to flow away from our property adjacent to -- to address some of the sound issues, to make sure that the -- and lighting issues of the trucks coming in off of the street, that they are not shining their lights into our back windows as they come around the corner, which could be seen through the cedar fencing. My neighbor mentioned that we have been talking about a masonry wall, a third face wall or something that would act as a sound barrier, as well as block the lighting of the trucks coming around, block the sound of the trucks rolling down the back of the property lines. So, I would ask that, you know, some conditions be put on this -- this recommendation to City Council that would carry those conditions into the approval of the property. I think that overall we welcome the fire station, I think they are going to be great neighbors and they are going to be there long term and I think that everything will be great as long as we could just address some of these minor concerns. I thank you for your time. . Meridian Planning & Zoning ~ March 17,2005 Page 28 of 60 Moe: Mr. Chairman. I just one want to make sure I'm clear. Are you south of the property, then? Heasley: I'm west of the property. Moe: West of the property. Okay. All right. Heasley: I'm, basically, smack dab in the middle as you -- as you come off of Eagle -- if you could go back to the site plan. As you come off of Eagle and come down the driveway and as they make that turn, they are going to be shining lights at the back of my house. Moe: Okay. I understand that. Borup: You're on Lot 25? Never mind. Heasley: There is no numbers. I don't know the lot number off the top of my head. Moe: And you have seen the landscaping plan as well? Heasley: Yeah. I have seen the preliminary plan. It's not very descriptive at this point. I see deciduous trees and some pine trees back there and, obviously, they will help some in the summertime when they are leafed out and full grown, maybe to block some of the lighting, but in the wintertime there would be very little block out of that sound or lighting. Moe: Thank you. Borup: One final question. You understood when you bought your home that this was designated as a fire station, didn't you? Heasley: I understood that there was the possibility of a fire station, yes. But, again, it is zoned R-4, which wouldn't have allowed for a fire station. But I knew the time would come -- Borup: You knew that was set aside from when this subdivision was originally platted for a fire station? Heasley: It was set aside, donated to the city, and suggested to be a fire station. Yes, I knew that. Borup: All right. Thank you. Heasley: But it's not zoned for a fire station today, so -- Borup: That's the purpose of this hearing. Meridian Planning & Zoning March 17.2005 Page 29 of 60 Heasley: And that's why I bring the concerns today, as you do revise the zoning that you put some conditions on the construction of that site. Zaremba: Thank you. Mr. Zabala. Zabala: Mr. Chairman, Members of the Commission, Tom Zabala again. I may have Chief Bowers speak to some of the comments that were brought up by the neighbors and I do have to compliment the neighbors, they have been very cooperative throughout this whole process. And, again, many of these where you gets slightly contentious, so I think their concerns, were I in their shoes, are legitimate and we are, obviously, going to try to address as many of them as we can. With regard to the points that were brought up, we do have on the site plan, if you will notice, on the north end of that site plan there are some small boxes indicated there, which indicate our -- really, our outdoor equipment that are involved with any building. We have condensing units for -- which are for the heating and air-conditioning units in the building. We have an emergency generator and the attendant propane tank that they have a policy with the Meridian fire department of having a backup fuel source for the emergency generators. It's a natural gas generator, but they use propane as a backup fuel source. And, then, also, at that location is the electrical transformer for the building. We have co-located all of those at the north end of the site and we have provided a screen wall around them. In talking With the neighbors right now, I think we will probably look at the design of that screen wall around those particular units. It was intended to be a masonry wall. It will still be a masonry wall, but as far as access to it and the opening of that, where it now opens primarily to the west or facing them, we will probably reverse some of those and try to get most of the access to that area out the north side of that unit. With regard to the propane tank, that is the only filled once a year and so the truck services, that will only be there once a year. The generator, as a matter of course, I believe the chief will tell you is exercised once a month. It has a critical silence muffler on it. That doesn't mean that you won't hear it, but it is exercised during daylight hours and not in the evening hours, from my understanding. With regard to the trash collection, again, we have located the -- the trash receptacle, as you can see, is in the southwest corner of the site there. That is somewhat predicated upon the ability for the refuse people to get to it easily and maneuver on the site. I don't know that we can do much about that in terms of where we locate it. Any other place on the site would bring it in deeper into the site. Up near the street functionally doesn't work too well for the people that pick up the trash. The fire department mayor may not have some influence over when they do pick up that trash, but I don't know that for a fact. With regard to lighting, we have site lighting on the site. If you look at the site plan, there at the trash receptacle in the southwest corner there is a light pole on a 20-foot standard. Up near the propane -- where the propane tank is shown, there is another light pole on a 20 foot standard. Both those have -- are down lights, standard shoebox, with a back baffle to keep the light from going off into the west into the neighborhood. We have two pole lights out -- double headed pole lights out front on the street, one on the north side of the apparatus bay, one on the south side near the entrance to the parking area. There are two wall pack lights over the overhead doors at the -- on the west side there and those are L Meridian Planning & Zoning March 17.2005 Page 30 of 60 directed downward onto the apron themselves. With regard to the fencing, as the neighbors have indicated, they have maintained their cedar fence very well and we have looked at that in terms of the trucks and maneuvering back there and that. We contacted the Idaho State Transportation Department, as well as the Ada County Highway District and we were referred to Charles Rountree as sort of the resident expert in automobile noise abatement on sites, specifically with the intent of what could we do along there to mitigate the sound. That particular length of fence is approximately 345 feet long. A six-foot or more - eight-foot concrete masonry wall in terms of the cost would be probably over 30,000 dollars for that length of wall. It's our understanding from Mr. Rountree that the effectiveness of that wall in terms of noise abatement is nothing different than what you would get from either the cedar fence or a vinyl fence. I can't speak to the techniques of that, but that's what we were told in terms of the functionality of that material, despite what it may look like. What you see out along the freeway, the tall sound walls out there, he indicated are set up for that kind of traffic, that kind of thing, but they are extremely high and a lot different than what we would have here. So, in our opinion, a fence -- a block wall fence, other than the expense of it, would yield very little of what the neighbors are hoping to achieve in terms sound abatement. As far as lighting and in conjunction with the sound, I think we would be willing to work with the city parks department and our landscaping architect to intensify the screening along there in terms of more evergreen trees, perhaps spaced a little bit closer, a little denser, so that they would have year around screening of -- eventually of the lights of trucks coming in and turning and, hopefully, would gain some noise abatement in that process. I believe that was the notes that I made on that. As far as I know, the city does not have any -- for this particular use, this particular zone, any criteria within their current ordinance in terms of decibel levels for this type of use or any illumination of -- am I correct or incorrect? Chief, did you have anything you wanted to add? Any other questions? Borup: A question, Mr. Chairman. Do you know what type of fencing is on the other stations at Ten Mile and Locust Grove? Zabala: On those particular sites that were built, there was no existing fencing, so the fire department -- we have a combination there of white vinyl fencing, six foot, and a combination of -- in some locations of chain link with white slats at those particular locations. Borup: Okay. Zaremba: I guess one question. One of the issues that may possibly be able to be mitigated would be fire trucks returning at night and the sweep of their headlights as they come in the driveway and make the right turn north to go back into the barn. would it be possible to have a procedure that they dim their lights as they pull in that driveway? It seems to me there are a couple of light poles around, so it's not going to be absolutely dark back there. " Meridian Planning & Zoning March 17,2005 Page 31 of 60 Zabala: I would think that could be accomplished. I think that's a management issue that the fire department and in working with the neighbors could accomplish. It makes good sense. Zaremba: It doesn't solve the sound, but at least they wouldn't be suddenly awakened by a flash of light going through their bedroom window or something. Zabala: Yeah. And I think that would be a reasonable request and an operational thing that they could accomplish. Zaremba: Okay. Any other questions? Freckleton: Mr. Chair? With regard to the lighting, our codes do require downcast lighting, so I believe Mr. Zabala has addressed that perfectly. The only other issue that we have had ongoing discussions with the fire department on is this was the -- the well lot that was designated in the plat, with the development of the Thousand Springs Subdivision, we have stubbed 12 inch water main into this flag pole portion here and we have also stubbed 12 inch water main in off of Eagle Road. We did that for the future well that we were going to put in and now we have kind of gotten away from that idea. Our only request would be that -- that that be connected up, so that we don't have two dead end lines there. And with doing that, the only other thing that we would want to do is work with them with respect to the landscaping that they are showing. They have got some fairly large trees and that sort of thing in the flag pole portion and, you know, big trees and water mains don't work too good together, so we will just have to work with them on the type of materials that they put in there. I just wanted to get that on the record. Zabala: We are perfectly willing to do that. The plan that you have here is not etched in granite. This was a first pass and we have really not had a chance to come back to the city staff or the parks department with this to discuss the details of that in conjunction with what we have heard here this evening. Zaremba: Thank you. Canning: Chairman Zaremba? Zaremba: Director Canning. Canning: If I might, the applicant has spoke of the parks department. I just thought I would let you know why he keeps on referencing the parks department. It's because they do take care of the landscape maintenance issues of the fire stations. That's all. Zaremba: Thank you. Commissioners? Newton-Huckabay: I have a question. , Meridian Planning & Zoning March 17, 2005 Page 32 of 60 Zaremba: Commissioner Newton-Huckabay. Newton-Huckabay: If a masonry fence is not an option -- and I haven't been behind any of the new fire stations that have been built. Is maybe an increase in landscaping or density reasonable? Zaremba: I think he offered to do more trees and to make some of them evergreens, so that that would at least help mitigate some of the impact. I believe I heard that. Newton-Huckabay: I didn't hear that. Moe: I did. Newton-Huckabay: Okay. I mean I would think that that would be -- I guess less expensive than the block and landscaping -- more landscaping would help cut down on that. That would be my -- Zaremba: I agree with you, but I think that was offered. Newton-Huckabay: Okay. Zaremba: Any other questions? Commissioner Rohm? Rohm: No comment. Zaremba: I would entertain a motion to close the Public Hearing. Moe: Mr. Chairman, I move that we close the Public Hearing on RZ 05-002. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Mr. Chairman, I move that we forward onto City Council recommending approval of RZ 05-002, to include all staff comments of the hearing date March 17th, 2005, received by the city clerk's office March 14th, 2005, with the additional item under site specific comments I'd like to add a number four, that the applicant would work with staff to provide additional landscaping for the screening on the west side of the property, along with the south property, with the Public Works Department. Rohm: Second. , Meridian Pianning & Zoning - March 17,2005 Page 33 of 60 Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Zaremba: We are approaching the moment where we traditionally take a break. I be.lieve we will. We will take ten minutes and reconvene. (Recess.) Item 11: Public Hearing: AZ 05-005 Annexation and Zoning of 32.75 acres from RUT to R-S, R-15 and CoG zones for Northwoods Subdivision by Dyver Development, LLC -1200 West Franklin Road: Item 12: Public Hearing: PP 05-007 Request for Preliminary Plat approval of 147 building lots and 7 other lots in proposed R-S, R-15 and CoG zones for Northwoods Subdivision by Dyver Development, LLC - 1200 West Franklin Road: Item 13: Public Hearing: CUP 05-006 Request for a Conditional Use Permit for a Planned Development for single-family residential, multi-family residential and conceptual commercial uses in proposed R-S, R-15 and CoG zones for Northwoods Subdivision by Dyver Development, LLC - 1200 West Franklin Road: Zaremba: Okay. We will reconvene our meeting. Let the record show all Commissioners are again present. The next items on our agenda, I will open the Public Hearing for Items 11, 12 and 13, that is AZ 05-005, PP 05-007, CUP 05-006, all pertaining to Northwood Subdivision and for this we have a request from the applicant to continue until April 21 st and is there discussion about that date? Newton-Huckabay: That day is full. We already decided that earlier in the evening. Zaremba: I believe we did have that discussion. How do we care to proceed? Borup: Did you have a chance to look at that agenda as far as how intensive the projects were? Zaremba: Yeah. It didn't show everything that's going to happen that night. As I recall, Director Canning said that there were six separate issues, some of which may include more than one project. That's quite a few for one evening to deal with six major projects, so -- I don't have anything as far forward as March 5th, but that's something we did with the other item that we moved. Newton-Huckabay: I would say the 5th and if they wanted the 21st, they wouldn't be ready for the 7th. , Meridian Pianning & Zoning March 17,2005 Page 34 of 60 Zaremba: Yeah. They are not suggesting they will be ready that soon, so -- Canning: Chairman? Just to let you know, we have told I think one or two people that will be on the May 5th agenda that they are on the May 5th agenda. One of those is a very large, very complicated project, so I just wanted you to know that it's 110 acres of mixed use in a sensitive location, so it's going to be a big issue. So I -- just a heads up. That's all. Zaremba: Okay. Rohm: Which one is that? Zaremba: That was for May 5th that there may be one that will create lengthy discussion. Newton-Huckabay: That's something new. Zaremba: Well, yeah, we have never had that before. Newton-Huckabay: Sorry. Zaremba: I guess the choice is whether the 21st or the 5th would be better. I don't have an opinion. Moe: Well, I guess I would be curious and staff, if they can answer this, are they -- are they trying to take care of some of the -- is there reasons why there was a possible denial for that? Wilson: The applicant did indicate that they are going to respond to comments made in the staff report, so they need some time for redesign. Yeah. Rohm: And maybe have a community meeting. Wilson: Yeah. That as well, I think. Rohm: Oh. Moe: Well, I think we ought to leave it on the 21st, then. Zaremba: I'm comfortable with that and I would entertain such a motion. Moe: Mr. Chairman, I move -- Zaremba: Commissioner Moe. ~ Meridian Pianning & Zoning March 17,2005 Page 35 of 60 Moe: - I move -- excuse me -- make a motion that we move the public hearings on AZ 05-005, PP 05-007, and CUP 05-003, be continued to the regular Planning and Zoning Commission meeting of April the 21st. Zaremba: The CUP number is 05-006. Moe: Oh, I'm sorry, yes, it is. Zaremba: Thank you. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 05-004 Request for an Annexation and Zoning of 9.0S acres to a R-4 zone for The Reserve Subdivision by C5 Development, LLC - west of North Locust Grove Road and south of Chinden Boulevard: Item 15: Public Hearing: PP 05-006 Request for Preliminary Plat approval for 22 single-family residential building lots and 7 common lots on 9.01 acres in a proposed R-4 zone for The Reserve Subdivision by C5 Development, LLC - west of North Locust Grove Road and south of Chinden Boulevard: Zaremba: Okay. The next items on our agenda are -- I will open the public hearings for 14 and 15. This is AZ 05-004 and PP 05-006, relating to The Reserve Subdivision and we have a request from the applicant to continue this until April 7th. That is a meeting that's fairly open, as far as we are concerned. Hood: Mr. Chair, this one, actually, needs to be tabled due to improper posting of the site. It wasn't at the request of the applicant, they failed to post the site, but the 7th they are willing to go, so the 7th would be a good date for this project. Zaremba: Okay. So, by then -- or the proper posting is occurring? Hood: Yeah. The applicant -- I spoke with the applicant yesterday and they are in agreement with the 7th, if you so choose, and they can post the site and -- Zaremba: Okay. Thank you. Moe: Mr. Chairman? Zaremba: Commissioner Moe. Meridian Pianning & Zoning , March 17,2005 Page 36 of 60 Moe: I move that we -- I move the Public Hearing on AZ 05-004 and PP 05-006 be continued to the regular scheduled Planning and Zoning meeting of April the 7th, 2005. Rohm: Second. Zaremba: We have a motion and a second. All in favor? Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Item 16: Item 17: Item 18: Public Hearing: AZ 05-006 Request for Annexation and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon Heights Subdivision No.2 by Traditions by Amyx II, LLP - south of East McMillan Road and east of North Locust Grove Road: Public Hearing: PP 05-008 Request for Preliminary Plat approval for 175 single-family residential building lots and 20 common lots on 72.85 acres in a proposed R-4 zone for Zebulon Heights Subdivision No.2 by Traditions by Amyx II, LLP - south of East McMillan Road and east of North Locust Grove Road: Public Hearing: CUP 05-006 Request for a Conditional Use Permit for a Planned Development with reductions to lot frontage, increased block length and reduction in density to less than 3 dwelling units per acre in a proposed R-4 zone for Zebulon Heights Subdivision No.2 by Traditions by Amyx II, LLP - south of East McMillan Road and east of North Locust Grove Road: Zaremba: All right. I will open the Public Hearing for Items 16, 17, and 18 on our agenda. This is AZ 05-006, PP 05-008 and we have a correction to the file number on Number 18, it's actually CUP 05-019. These are all relating to Zebulon Heights Subdivision No.2. And we will begin with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. As you noted, this project had the wrong CUP file number. I apologize for that. There was another item on this agenda with the same file number. Again, this is CUP 05-019 is the new number. And it is located on the south side of McMillan Road. Eagle Road is in this location. Wainwright Drive does tie in with the subdivision at -- in this location. It's one half of a mile to the east of Locust Grove Road and approximately one half mile south of McMillan at the Wainwright entrance. It is currently zoned RUT in the county. Boise city abuts this site to the east and there are some large county parcels to the south that are zoned RUT that are within Meridian's area of impact. You can see the area of impact boundary between Boise and Meridian in this purple line here, so it kind of weaves in and out along the eastern boundary of a subdivision. I did want to point out a couple of the existing residential subdivisions. Heritage Subdivision are some large one '. Meridian Pianning & Zoning March 17, 20OS Page 37 of 60 acre lots that front out onto Locust Grove and this is Settlement Bridge. The final plats haven't been recorded in Settlement Bridge and that is to the west. To the north, part of the annexation, but not part of the plat, are two ACHD storm drain lots located along the frontage of McMillan Road. And Austin Creek is across the street from that. The Ustick Baptist church continuing onto the east is in this -- on this parcel. And, then, Zebulon Phase One, which is a light office development in Boise city, actually fronts on Eagle Road with that Wainwright Drive access, just to orient you a little bit where we are at. The Comprehensive Plan designates this site as medium density residential, as shown in yellow, and the site encompasses this area here. Their proposed gross density is 2.4 dwelling units per acre. The applicant is requesting to go below our target density, so that's for your consideration this evening, is that 2.4 gross. The submitted plans -- there is the aerial. There are some existing structures on site that will all be removed. The proposed plat is here. There are 175 lots. They are proposing the R-4 zones, low density residential. There are some stub streets that are being extended into the project from Settlement Bridge here and one being proposed here and staff has recommended an additional stub street somewhere in location to a five acre parcel. In addition, they are proposing some -- a multi-use pathway that runs along the North Slough and this is page one. It's two pages. So, bear with me a little bit. And that pathway will continue along the street section and go to a neighborhood park on the south end of the development and stubs with the street to an eight acre -- an eight acre parcel to the south, the Ketlinski parcel. Here are some elevations that the applicant provided, some pictures from what the anticipated homes are to look like. I did want to just point out the applicant did submit a response letter this afternoon. I would just like to touch on a couple of those issues that the applicant brought up and maybe suggest a couple of amendments to the staff report as submitted to you. The first one begins on page nine of the annexation and zoning. It's condition number three. It's the first bullet, second sentence. I have some language for that second sentence that should clear it up. I think everyone would be in agreement if we just removed the portion starting at -- from the second sentence to read: Further, the applicant agrees to provide the city with all -- and, then, you delete easements and -- and continue with legal descriptions for -- and delete any -- continue with portions of the multi-use pathway that are off site, deleting currently, and, then, leave the remainder of that. So, basically, removing the condition that they provide us with an easement, but anything that is off site they would need to provide the legal description for and construct that pathway from the western terminus of the project through -- to and through, basically, to the south of the project. Zaremba: I'm sorry, Craig. Tell me again where you were. Was that -- Hood: Okay. Page nine, number three. It's the first bullet. Zaremba: Oh, number three. I'm sorry. I thought you said number two. Okay. Hood: Second sentence. So, delete easement and in the third line and replace the with any and forward after that. And, then, continuing, multi-use pathways that are -- and, then, delete currently under ACHD. So, it would read: Further, applicant agrees to Meridian Planning & Zoning , March 17. 2005 Page 36 of 60 provide the city of all legal descriptions for any portions of the multi-use pathway that are off site. Rohm: Got it. Hood: And continuing on, just a couple of other minor changes. On page 13, site- specific condition number three, the first and second bullet, just a comment. Maybe that first bullet could be -- allow a little bit of flexibility of the applicant for the construction of trees, Staff's idea was to have a consistent landscape buffer adjacent to McMillan Road. Settlement Bridge is constructing a 25-foot wide - 35-foot wide, excUse me, landscape strip -- landscape buffer there with trees and some nice landscaping. Staff's idea was that if you get some trees in there, at least right by the sidewalk, it will look continuous, you have a nice open space, the open space being the storm drain for ACHD back there and, you know, it will flow a little bit better. But if we amend the first bullet to just read: To remove in accordance with Meridian City Code 12-13-10-6 and replace it with if allowed by ACHD, that kind of gives the applicant some opportunity to plant some shrubs or some other type landscaping in there if they won't allow trees within that right of way. I think that may work. We would still encourage the applicant to plant trees in there, but it does give a little bit of flexibility and requiring trees in there may not be the best. I'll leave that up to you, just for your consideration. Two more changes, based on the applicant's response letter. Page 20 of the staff report, number two. Staff does not have a problem with adding the -- the exception to adding a bullet basically that allows Block 7 to exceed the maximum block length. If you look at the preliminary plat, Block 7 -- if it starts here and, technically, it would go to there. However, the street system really -- being four lots deep I wouldn't consider as one block, so if they want to -- this is -- all the lots in this block are labeled Block 7, but the idea with the -- the intent with part of our ordinance is that you don't have a straight, continuous street with no stubs or anything, so I think that if we add a bullet they are allowed Block 7 to be -- exceed the 1,000 foot and the applicant did request that in their application, I just didn't think it was necessary to include, because my interpretation wouldn't be that that is one block. So, if you want to add that as a bullet, that Block 7 may exceed that block length. And one final amendment is on the next site specific -- site specific condition number three on page 20, there was some discussion about the open space calculation. Staff has in the past typically not included the channel of a lateral as open space. The only point in the staff report -- they do meet the minimum requirement of five percent open space for a project. They are proposing eight percent quote, unquote, open space with approximately three percent of that being the channel, the top of bank to top of bank on the North Slough, so they still are at the minimum open space requirement. If you so choose, you know, could change that site specific condition number three or just clarify that they need to provide a minimum of five percent or if you want to require eight percent and have it be exclusive of any channel, you know, that would be about ten percent, that's up to you, I guess, but I believe the open space calculation is okay and the five percent works. I think it's appropriate in the development. If you have got a pathway adjacent to that, it does provide some visual amenity, so I don't know that it needs to be -- it may be clarified, but I think it's -- as written it works, too. A couple of final notes. The Ada County Highway District has Meridian Pianning & Zoning }. March 17.2005 Page 39 of 60 allowed two streets to be constructed to what isn't their typical width being -- their typical -- as proposed by the plat, their street section here, but it's a 36-foot street section. The ACHD is allowing them to construct these as 29-foot street sections, with parking on one side. Without getting into too much of the Meridian fire department's requirements, the applicant will have to meet whatever their face of curb or face of gutter requirement is for basically the emergency services and the highway district, for whatever street section that is, but .the idea of allowing those is -- to kind of give you some more background information again, this is Zebulon Heights No.1, approved in Boise city. The cross-access across build-able lots here to the south -- and I'd like to go to the last slide here, the applicant actually provided this. The Ada County Highway District is talking about potentially, in the future, having a public street go through where that cross access has been provided and coming down to the Winston Moore parcel, which came through as Blue Marlin and, then, providing that service up to Wainwright, which would, eventually, have a signal here at the half mile on Eagle Road, so you get that commercial traffic that can flow through to Wainwright. It doesn't necessarily affect this project so much, but more of an FYI, for you, there may be a commercial street right adjacent to. The applicant has shown on another version of the plat a 20-foot wide landscape buffer, just to kind of buffer the residential uses from the street. Staff is supportive of that, but without any guarantee that the public street is going to go in there, I don't want to require that, so just an FYI. The traffic circulation has been thought about in this area and that's kind of what's going on there. The applicant will be required to construct turn lanes on McMillan Road, based on the traffic studies, both east and westbound on McMillan Road to get into their main entrance. They would have warranted for that, so there will be improvements to McMillan Road for turn lanes. And, finally, staff did receive quite a few letters from neighbors in the general vicinity about traffic on Eagle Road and the signal at Wainwright. The most recent version of the Eagle Road corridor study that I saw did show a signal at Wainwright. I don't believe it's planned for construction, but they are talking about a signal, it makes sense there. The city planning department thinks it makes sense there, but just so you know, we did receive a bunch of -- most of them came late this afternoon, so I'm not even sure you got them in your packet, but I'm just going on record for that. Zaremba: We receive them. We have got them. Hood: And staff is recommending approval. I think that's alii have and I'll stand for any questions. Zaremba: Question from the Commissioners? Borup: Which street section was it -- did you say a 29-foot -- I missed what area you were talking about. Zaremba: The two little cul-de-sacs. ,. Meridian Pianning & Zoning March 17.2005 Page 40 of 60 Hood: Commissioner Zaremba, the two cul-de-sacs -- the names are escaping me right now, but these two streets -- to get that 20 foot landscape buffer here, ACHD is allowing them to construct a 29 foot street section. Now, for the highway district. Borup: That's different than the plat we have, then? Hood: Correct. That didn't change. Borup: All right. I understand. Zaremba: Any other questions? Would the applicant care to hobble forward? McKay: Becky McKay, Engineering Solutions, 150 East Aikens. I'm representing the applicant on this application. We did have a neighborhood meeting on this application prior to our submittal. Because this is a project of some size and anytime I have existing large lot residential adjoining us, it's always a good idea to have them -- provide an opportunity for the neighbors to come out, take a look at what we are proposing, and give us some input. In designing this particular project, we had the one-acre lots here to our west. We have five-acre lots here on our southern boundary. So, in laying this out, I took that into consideration. Obviously, we try to minimize the number of lots as much as possible adjoining these larger lots. The five is far more difficult, but the only way that I can do that is, typically, by utilizing the cul-de-sacs or the pie lot and on the western boundary we kind of did the same thing, we swung this street out, created a cul-de-sac here, and, then, made these lots considerably deeper. These are about 140 feet. So, all of these lots along this west boundary and along this southern boundary are extremely large. Some of them are as large as 31,000 square feet. The particular project we have here is very low density and, as Craig indicated, the Comprehensive Plan calls for this to be medium density, three to eight dwelling units. We did ask for a step down. Staff did agree with us, due to the fact that we have these larger estate lots around us, that it made sense that our density and our lots be -- our density be lower and our lots be larger. So, we are at about 2.4 dwelling units per acre. We had a little bit of a challenge up there at McMillan Road with Camas Creek there at Austin Creek Subdivision. Ada County Highway District purchased those two parcels and left that property a 60-foot kind of flag going out there for future access to McMillan and, then, after they did that, Austin Creek came in and nobody ever noticed that the 60 feet didn't line up with Austin Creek. So, when we -- when we met with the highway district on our pre-application conferences, we talked to them and they said they didn't feel that was a problem, they wanted definitely to align with Camas, and that we would be allowed to go in and do some redesign on those ponds and create this street and, then, do kind of a land exchange and it's already Ada County Highway District right of way, so it was not problematic. Your staff did ask that this be included in the annexation application, but it is not included in our preliminary plat. So, the Ada County Highway District property is not calculated in our density. We did meet with the Ada County Highway District staff about those ponds. They are not landscaped. We have heard comments over the past few years that they are not esthetically pleasing. The development services staff has indicated to us that they are open to granting us a license agreement to going in and try " Meridian Planning & Zoning March 17, 2005 Page 41 of 60 to make some improvements -- landscaping improvements where those ponds are. We will, obviously, be limited as far as what we can do by their drainage division, who will have the ultimate say on, you know, if we can put trees and how many and shrubs and so forth. The highway district has agreed to allow us to design sidewalks all along that stretch and, then, they would participate for the installation of a sidewalk on their frontage only. We would install it when our contractor comes in. That will make one continuous stretch of sidewalk there, versus having any gap, because with Settlement Bridge you will have all the way up to the Idaho Power property, the church has a sidewalk, and, then, there is obviously there at Madison Park you have got the Boise city regional park just northeast of us, so you're going to have a lot of pedestrian traffic going east over to that park. We have a natural feature here, the North Slough. We designed around that, incorporated it into our project. I only had one small portion here where we show a relocation. Everywhere else that this is the historical location of the North Slough. In your Comprehensive Plan it designates the North Slough as having a multi-use pathway, a ten foot, so we created a separate landscape lot here and, then, our large park area -- private park area here, we will swing that multi-use path through there, run it through a pedestrian micropath, there is a separate lot here and a separate landscape lot here. We will have -- the staff has asked us to create pedestrian friendly crossings every time it goes across any of the public roadways, either like with striping or stamped concrete. The pathway will, then, come over here and cross the slough, The pathway will have to be separate from Settler Irrigation District access to the slough. They made that decision with the Settlement Bridge project, so on the south side will be the 14 or 12-foot access road for maintenance by Settlers, on the north side will be the ten foot pathway and it will connect here. ACHD has indicated that they will allow us to construct this stretch of pathway, so we will make the connection to Settlement Bridge. We will have to get a license agreement. I have one little gap here. This is the Ustick Baptist Church. We have prepared a legal description as an exhibit. Luckily, one of the developers has an association with that church and he said that he would go speak with them and he thought that they would be open and favorable as far as allowing an easement on their property for a Meridian pathways and, then, that will complete that whole stretch. Wainwright here is a collector roadway. As Craig indicated, the same development team, we had a project approved in Boise we called Zebulon One, it's a light residential compatible office here. It's already been constructed. You may have seen it if you drive down Eagle Road. We will connect to that collector and extend that collector in and, then, transition to local streets. All our sidewalks will be detached with five foot of landscaping and, then, four-foot sidewalk. This area right here is about 3.36 acres. There will be like a little clubhouse, restrooms, changing rooms, lockers. They don't exactly know exactly how large the facility is going to be, but they are going to try to keep it, obviously, manageable, because the association will have to maintain it in perpetuity. They will also be building a swimming pool facility, a small little parking lot, and then, we have got kind of a little rotary with pathways going around and, then, a playground here and, then, a playground up here and this is about .35 acres. These lots, unlike a lot of the subdivisions that you have seen lately, are extremely large. A lot of them are twice the size of some of the other subdivisions that have been proposed. I have got to relocate. Sorry, I'd say probably the average size on a lot of these lots is 11, 12 and 13 thousand square feet. They are Meridian Planning & Zoning , March 17, 2005 Page 42 of 60 all really wide, 90s, a lot of 88s and 100s. We try to provide a variety. We anticipate the smallest homes on here to probably be around 2,500 square feet, approximately, so these will be larger, more expensive homes. We think that this will, obviously, benefit this area and provide a product out here that doesn't exist at this time. With Madison Park over here, that's a subdivision I did years ago, the density is around close to four dwelling units per acre. Austin Creek is close to four dwelling units per acre and, then, Settlement Bridge, as Craig indicated in the staff report, is 3.7 dwelling units per acre. So, we are providing a variety of housing. Our smallest lots are right here up against Madison Park, they are kind of a little separate area here. We toyed with how to treat this area. We thought about doing some town homes and, then, we decided we would just go detached single family. So, our smallest lots in here are about -- there is one that's 8,100 square feet. These neighbors here we are pleased at what we did, we are connecting to their stub street. They asked us to dump a lot right here, which I did, take a lot out. The two neighbors that I had spoke with, one on the phone, one at our neighborhood meeting, said if we took a lot out they would be satisfied. And that's what we did. I dealt with a couple of the neighbors to the south. Mr. Ketlinski is right here. One of his concerns is the Parkins North Lateral runs along that south boundary. I guess it serves this property. It also picks up drainage from their properties and, then, it turns and goes north over here and serves the subdivision here at -- called Heritage Subdivision. The ditch is leaking, they have had problems with it. His request was that we go in and work with them to pipe it. I think he -- he indicated that they do have some runoff that's going into it, so we will have to come up with a mechanism to collect any of their drainage and get that back into that pipe. So, I will be working with Settler's Irrigation District, because that's their water and according to their letter I think it's their facilities, but we will also work with the neighbors to the south to make sure that we take care of the ditch and provide water on these neighbors to the west. As far as fencing, we anticipate vinyl fencing is kind of what we talked about at the meeting. I offered up different varieties and types of fencing, because I always try to work with the neighbors and make sure that they are pleased with what fencing we are proposing. Vinyl seems to be real popular now, it wears well, and the adjoining neighborhood seems to like it. Along the North Slough we are looking at probably wrought iron. We want as much visibility as possible. If we are going to make that an amenity and have a pathway there, we want to make sure that it's a safe as possible. Do you have any questions? Zaremba: Commissioners, any questions? Newton-Huckabay: I have none. Borup: Not at this time. Zaremba: I have one small little spot. If you're referring to -- I believe you said it was the church property here. Do you know if their back property line is fenced? And the reason I ask that is is this going to be difficult over in this little corner where you need to make a pathway connection? , Meridian Planning & Zoning March 17, 2005 Page 43 of 60 McKay: I don't think they are fenced -- that's a pretty new facility. I think they are still kind of getting their development of their property -- they just got their building done here, I don't know, last year sometime. About a year ago. Zaremba: So, you're coming along at just the right time it sounds like. McKay: Just the right time. So, they will probably be glad to see some fencing that they don't have to purchase and we hope that they will be open to that pathway. We would think it would benefit them, because people from this neighborhood, obviously, then, walk to church, instead of driving, which would be good. Borup: And it looks .Iike that pathway is probably within the easement -- the highway district easement anyway. Zaremba: The upper portion would be within the highway district. Was talking about this little corner overhere. Borup: I'm sorry, I didn't mean the highway, I meant Settlers. I meant Settlers -- Zaremba: Oh, Settlers. Borup: -- easement. Yes. Zaremba: Well, that works. That would be good. McKay: So, we will still have to have permission from the church, .even with the Settler's easement. So, I'm hoping to -- we are preparing a document that we hope they will sign just granting that to the City of Meridian and, then, we will construct it at our expense. Zaremba: I hope it's that easy. If that's, actually, incorporated city of Boise, does the city of Boise have to give up that four square inches or whatever we are talking about? McKay: No. It would just be an easement. It would only be a multi-use pathway easement. I don't think that they can overlap jurisdictional boundaries. City limits don't -- it doesn't matter, does it? I wouldn't think that would be problematic. Zaremba: Good. That helps. Commissioners? Rohm: I don't have any questions. It looks like a good project. McKay: Thank you. Zaremba: Thank you. I know that's tough to juggle crutches and displays and microphones and -- you do it with a smile. We appreciate that. McKay: Thank you. Meridian Planning & Zooing , March 17.2005 Page 44 of 60 Zaremba: First on our list to speak is Ty Ketlinski. Ketlinski: Hello. I'm Ty Ketlinski. My address is 662 South Torino in Meridian and as you can probably assume from the last name, I'm speaking on behalf of my father and my mother, who own the south property, the triangular shape just to the south. It's noted -- yeah. That one right there. And Mr. Ed Bollinger is here also tonight with me and he owns the next - the next parcel, the ten-acre parcel to the east of my father's. He couldn't make it tonight, he's down south vacationing, and so he sent me and he sent me on a subdivision that starts with a Z, so it's at the end of the calendar. At any rate, he sent a letter in and I'm sure all of you have gotten that -- Zaremba: Yes, we did. Very well worded letter. Ketlinski: Okay. And, in essence, you know, I don't want to repeat that letter verbatim, but I mean, in essence, there is two issues involved with the letter. The first has to do with transitional issues and the second has to do with the safety and a -- perhaps environmental concern. The first one, in terms of transition, his letter proposes several different options for those southern parcels there and one was to limit those particular parcels to one-story buildings and I know that the developer is against that notion. They characterize those lots as extremely large. I'm not -- I think they are at the biggest a third of an acre, so I'm not sure they are too large. Newton-Huckabay: A big lot. Ketlinski: Times have changed, I guess. But, at any rate, given the size of the two parcels, my father's and Mr. Bollinger's, they would appreciate it if those could be limited to one story. The other transitional issues that they had suggested in the letter were putting up the fence and the developer suggested a vinyl fence. The one my father suggested was a concrete wall. And the second issue that I wanted to point out was the safety and the environmental concern, There is that ditch there -- the ditch there, there has been some leakage and if the developer is working -- is willing to work with him in some manner to get that covered, it would either be a pipe or tile or something like that, because I'm not sure -- I'm not sure what kind of problems would emerge in the future if that's not taken care of now, particularly if you are going to put several houses on the southern border. So, at any rate, he wanted a warm body here and Mr. Bollinger, like I said, echoes these concerns in the letter and so he sent me down. And the other issue that concerns me a little bit -- and this isn't in the letter -- is the Eagle Road issue. And I'm just a little bit -- not -- I'm concerned to a certain extent, being a resident of Meridian, regarding the impact on that road and I would be -- I would just be curious to hear the thoughts ofthe Commission on that. Thank you. Zaremba: Thank you. Borup: I do have a question, Chairman. Meridian Plaming & Zoning M...,h 17, 2005 Page 45 of 60 Zaremba: Commissioner Borup. Borup: You had mentioned the user's ditch. Do you know what side of the property line that is? Ketlinski: Yeah. It's on - irs on my father's property side. Borup: Okay. Ketlinski: I believe - or is it split down the middle? Yeah. Irs split down the middle. Borup: The ditch is right on the property line you're saying? Okay. Thank you. Zaremba: We will have the applicant address your questions, but I would comment on - - since we also got quite a number of letters from other existing residents around in the area, they all referenced that there should be a signal at that intersection with Eagle. In attitude I'm sure the City of Meridian supports that idea. The jurisdiction for that is lTD. The City of Meridian doesn't make that decision and, in fact, thars actually in the city of Boise. So, I think you would certainly have support, but that is not part of our decision. Ketlinski: I realize that I suppose - I suppose in a way Eagle Road is kind of a - I don't know, a neutral zone, so to speak. n's kind of in Meridian, ifs kind of in Boise. Zaremba: Some of it is. You're absolutely right. Much of it is in Meridian. Ketlinski: You know - and I'm not I'm not sure. I don't have a solution. I was just wondering if anyone on the Commission had that - Zaremba: We support the signal. We don't control it. Ketlinski: Okay. Zaremba: Next on the list is Dave Bivens, commissioner. Bivens: Thank you, Mr. Chairman. My name is - for the record, my name is Dave Bivens at 2354 Star Lane, Meridian, and I'm here not as a commissioner, but as a neighbor and resident in the area and we live just over the west fence of this - of this division. I guess we had met Mrs. McKay here previously and discussed the problem that we had with the Settler ditch that runs along that property. You mentioned it along the south side. And, then, runs back to the north, goes clear up to the north and, then, back down to the west again. The gophers have really a joy ventilating that ditch and not only that, I think it definitely, in my estimation, needs to be piped for safety reasons for the little children, because the ditch is large enough that a child - a small child - I know if my great grandchildren got in there they couldn't get out. So, I think they pretty well agreed to do that. We talked about the fence and there needs to be some kind of a fence banier. We already have on our property - we do have a chain link fence, I think , Meridian Planning & Zoning March 17.2005 Page 46 of 60 a five, six-foot chain link fence all the way around our property and that was there when we purchased it 22 years ago. But I think we talked about that. The only other item -- and I don't know whether others wrote in relative to the type of structure -- hopefully, it could be one story structures along that -- the east side of that development there -- it would, actually, be the west side of their development, but on the west east side of the Heritage Subdivision. But we have lived there and enjoyed the open area out there for - - and the gophers, of course, and other things that came along, for nearly 22 years this coming July. So, I just wanted to be here and I appreciate the opportunity to listen to the discussions and see the operation. I haven't been here -- I used to sit on the other side of the desk -- the other side of the podium and I did excuse myself from voting when this particular subdivision came before us, because I had already visited with the developer and made some comments, so I felt it was only proper that I excuse myself from voting, so I am -- my skirt's clean in that respect. So, I will put back on my commissioner hat for just a second and comment about the 29-foot streets. And I know there was frowning going on when we talk about 29-foot streets, but in the Boise area we -- especially up in the heights, up towards Bogus Basin Road and up in there, some of those roads, because of the conditions, the area, and what have you, we have allowed even down to 28-foot streets. It helps to deter speed and kind of discourage a little traffic and what have you. I know it isn't always the best, but sometimes it works and we haven't heard any -- in other words, we approved them and they haven't heard anything back from them. So, hopefully, that's good news. So, that's all that I had and appreciate the chance to be before you and I have enjoyed the evening, listening, kind of nice to sit back and relax, not have to make any decision. So, if you have any questions, why I would be more than pleased to -- Zaremba: Commissioners, questions? Newton-Huckabay: I have nothing. Bevins: Okay. Keith lives in my subdivision, so -- all right. thank you very much. Zaremba: Thank you, sir. Ed Bollinger. Okay. He said it's already covered. Todd Amyx. He has nothing to add. Okay. Mr. Bollinger was marked as neutral and Mr. Amyx is marked as for. And in that case we are ready .for the applicant to return. McKay: Becky McKay. On the Eagle Road issue, one thing to keep in mind, this is low density, it's 175 lots, We anticipate approximately five phases. That's what we have delineated on our preliminary plat. We are asking, you know, for market flexibility as far as our phase lines are concerned. We will be starting here on McMillan Road and working our way back this way. So, this particular area here I think is in phrase four. I was the planner on Cameron Park and that was one of the first collectors that I ever laid out in a subdivision, especially one that was pretty close to being a continuous collector, because it did go deep into the center and, then, fed out a lot of those subdivisions that came about after Cameron Park, such as Heather Meadows, out to that half mile. ITD dictated that we place Wainwright at that half mile, so that at some point in time it did have the possibility of being signalized. What we are being told by Washington Group , Meridian Planning & Zoning March 17,2005 Page 47 of 60 is that they are studying that Eagle Road corridor. The consultant has came up with an idea that they will install a median along Eagle Road and this was -- I guess this is the preferred way to handle the volumes that are taking place on Eagle Road and what's going to happen in the future. If they put a median down Eagle Road, there will be no left-hand turning movements. Therefore, that will improve its carrying capacity. But in doing so they will have to install signals at these half miles and create u-turns for -- so you can go back -- you know, if you're coming from the other direction and get back to your subdivision. I guess it's done in other communities. They claim that it just takes some getting used to and we are going to have to, you know, step up and realize that we can't have all these left-hand turning movements on these five lane state highways and maintain 55 miles per hour. And if it's going to carry high volumes at 55, well, they are going to have to take some drastic actions like that. As far as the installation of that light, it meets the warrant, but ITD, obviously, has not budgeted for it and according to out traffic engineer, he said they are not going to put it in until they have political pressure from the public, the municipalities, to install that, just like what you saw happen in Eagle down there at Island Woods. If you're the mayor and you live in Island Woods, then, you can get a light. So, you know, it's political pressure. How he explained it to me is for every one person on Wainwright that the light would accommodate, they were inconveniencing 20 people that are going north-south on Eagle Road. When they -- I guess they factor in the delay time of those 20 people and what they could be making at the average wage in the valley and, then, they determine -- I guess they put a value on what it costs people to be delayed to allow Wainwright people to get out onto Eagle Road and make left-hand turns and -- I mean a 20 to one ratio, obviously, Wainwright loses every time. So, if it's going to be a political issue. The warrants are there, but neither we, nor ACHD, nor the city can force -- you know, can get ITD to do it without putting pressure on them. They are not going to do it easily. At least that's how it was explained to me by the traffic engineer. On the piping of the ditch, I will work with the neighbors to the south and Settlers Irrigation District in the sizing and locating of that pipe. I'll have to work with Commissioner Bivens, I hope that he will be my contact there, since he's lived there for so many years, as far as piping the ditch that comes up and serves them. Any time we can put them in pipe it's better off for all the neighborhood and from what I have been told by all the surrounding neighbors, there are problems. I mean the ditches are leaking, they are washing out, and they have been a headache for a long time and so this is an opportunity for us to go in and take care of that problem for them. The fencing. The vinyl fencing is very standard in the subdivisions. It looks good. It wears well. It's six feet. It is sight obscuring. I don't believe that a concrete wall is what people want. I mean people don't want to be walled in. This isn't a Wal-Mart or something like that that is not compatible with the residential to the south. We are residential also and we have taken great effort to try to minimize the number of lots that we place next to those larger lots and come up with a design and a density that would be a good transition as recommended in your Comprehensive Plan. As far as the single story issue, I have always been of the opinion that it is your inherit right to build a single story or a two story. There is -- you know, to restrict that I just -- I always think it's wrong and I guess the question I ask -- when Settlement Bridge came in, they got a whole bunch of 8,000 square foot lots and less all along the north boundary of Heritage Subdivision, were they all restricted to single story? I don't think Meridian Planning & Zoning , March 17.2005 Page 48 of 60 so. I really really doubt it. And I think, you know, the same should hold true for us. We have made greater effort -- when I look at their design here, they have got a bunch of lots -- they have created a lot more neighbors backing up to these people's backyards than we have. They didn't use cul-de-sacs and pie size lots to transition like we did. I think we have gone the extra mile. Also, I have looked at the locations of the homes along this corridor here and here and, then, when you factor in that the homes set back approximately 20 to 30 feet from the edge of right of way, the homes are approximately 50 feet in depth, when I measure the distance from this home to that home, it's between 175 and in excess of 200 feet, depending on, you know, which house you're measuring them, because they are staggered in here. So, I guess we are not like 15 feet from their boundary. I have created lots that are 140 feet deep, I think this lot line here is like 225. So, you know, we have really tried to make sure that it's as open as possible and that those homes will set as far as back as possible to preserve their views as much as we can. But I just -- I always disagree with that one story restriction. If we start doing -- I mean it just -- things like that snowball and pretty soon, you know, I guess we will all be living in one story houses, because you can' build two story anymore. Do you have any questions? Zaremba: I think we have responded to that and made that requirement when there was a demonstrated security issue. Do you know -- and I'm just using the canal along the property line as a reference -- is the property fairly level on both sides? Are they equivalent heights? McKay: Oh, yeah. I think it's -- I don't think there is discrepancies in elevations of property. It's all pretty flat. Zaremba: So, your property isn't ten feet higher than the other property? McKay: Not to my knowledge. It's all pretty much the same. Zaremba: All pretty level? McKay: I mean those ditches are serving -- Zaremba: The footings of the houses would be on the same level? McKay: Yeah, We don't -- there is no flood plane or anything that would require that we come in and build the property up or anything, no, sir. Zaremba: Would there be any interest in requiring a larger backyard setback, so that the houses are definitely built near the front of the property? I'm trading this off, as opposed to one story. McKay: They are pretty big lots. I mean -- are you opposed to that? Are you opposed to larger setbacks on the rear lot lines? Meridian Pianning & Zoning March 17,2005 Page 49 of 60 Zaremba: And I realize the economics of it. Most people don't want to build a long driveway, it's expensive, so they probably will build forward on the lot anyhow, but -- McKay: And that's typically what we see. Zaremba: Okay. restriction? So, you don't want either a one-story restriction or a setback McKay: I don't -- I don't see them being 15 feet from it. The lots are too deep. Zaremba: Yeah. I can see that as well. Commissioners? Moe: Are you anticipating all those lots to have two story homes there? McKay: I'd say there is -- you know, chances are there may be some single levels in there and there may be some two stories in there. You know, I think that the market kind of dictates it. The builder team that they -- that they have, they have -- and you can see the pictures that we submitted, they build two stories, they build single story, So, you know, a 50-50 chance, I guess. Heck, I don't know. I don't know what the ratio is for a single story or a two-story ratio. Rohm: I think, typically, when we tried to restrict to single story is where the homes are going to be right on the property line, they will be looking right down into their backyard and -- or into their homes and I don't believe that that's the case in this particular subdivision. It's -- they are not building right on top of each other. McKay: That's correct, sir. And we have got an aerial photo on the back of that that demonstrates the distance, Zaremba: I have to apologize. I have just looked through the sign-up sheet and realized that there was somebody signed up for Item 18 that wasn't on the other lists and I did not call that person. Can I interrupt you to - McKay: Yes, sir. Zaremba: -- see if Mr. Fred Roam is here. He is not here. So, my faux pas goes unnoticed. He was marked as neutral on the sheet. I'm sorry. Okay. Proceed. McKay: Yeah. Here is -- ours is overlaid on top of it. Thank you. There is an aerial photo, if you would like to take a closer look. It is to scale. It's one inch equals 100 feet, so -- there we go. Here is a home right here. That's one hundred feet to there. And, then, we have got 140 feet to this right of way. Here is a home. There is 85 feet from the -- and I'm going from the rear line of that home to the boundary. And this is 140. Mr. Ketlinski's house is here. It's 140 feet from the closest point of his home to the boundary here. And, then, these, I think, are 140 feet. And like this house here is substantially further. So, one inch equals 100 feet. So, when you come back 20 feet, , Meridian Pianning & Zoning March 17,2005 Page 50 of 60 calculate a 50 foot pad area, you're getting, you know, a separation that's, like I said, between 175 and 200 feet in separation from home to home. Rohm: That was the point that I was making. Thank you. McKay: Thank you. Zaremba: I think most items have been addressed. I don't remember what the final comment was on making one of the southern cul-de-sacs into a stub street. McKay: What, sir? Zaremba: There was a suggestion from staff that one of the southern cul-de-sacs be made into a stub street. McKay: Yes, sir. We were in agreement with that. Zaremba: I don't remember what that discussion ended up. McKay: Yeah, we were in agreement with that. The Ada County Highway District did not ask for an additional stub to the south, but staff did. And that kind of a road -- we have this stub street here that's in alignment with a future stub at Champion Park Subdivision here. We got this connection to Settlement Bridge. This connection to Madison Park. And, then, what staff talked about here, where Ada County Highway District -- we have a 48 foot lot that we created as a buffer landscape lot for the -- between the office use and the residential and ACHD believes they would like to purchase that lot, so that they can make a commercial connection to this commercial collector and get out to a light when Winston's Moore's property develops. So, it was staff's determination that since that would be more of a commercial roadway, that it made the most sense to put another residential stub here in the event this five acre property were to redevelop in the future. And we are not opposed. We will just drop the cul-de-sac down. Zaremba: You're okay with that? McKay: We are okay with that. So, I think staff and the applicant are pretty much in agreement. The only thing that we are concerned about is making sure that we didn't have a requirement placed on us to landscape those ponds in a specific fashion that we can't get ACHD to agree to. Rohm: I guess my question, then, would be if that will not be a cul-de-sac any longer and be a through -- or a stub street, can you, then, make it the 30 -- what is it, 33 foot -- what's the standard roadway? McKay: Thirty-six. , Meridian Pianning & Zoning March 17, 2005 Page 51 of 60 Rohm: Thirty-six? As opposed to a reduced roadway? McKay: Mr. Chairman, Commissioner Rohm, what we did -- if you could put that back up. There we go. We submitted it with a 50-foot right of way here and here and 36 back to back. When Ada County Highway District brought this issue up here in this phase one that's already built and platted, we decided that we would need to create some -- a new buffer. If this becomes a commercial roadway, I need a 20-foot landscape buffer between these residential lots and that ACHD right of way there. Right now I have a 48-foot buffer that they want to buy. It's already landscaped and done, but they are saying they want to buy that for a future commercial street connection to the south, to Winston Moore's property and so we -- if we took 20 feet out of here, then, we reduce these to 42-foot right of ways and that's where we got the 20 feet. So, that's how that came about. Is that bothering you? Rohm: Well-- McKay: Oh, you're saying if it's -- Rohm: If it's a through street -- McKay: I see what you're saying. Rohm: Yeah. If it's a through street. McKay: You're saying if we are going to get some traffic here, then, maybe we should go with 50-foot, 36. Rohm: Bingo. McKay: You're correct. Rohm: Yeah. McKay: Good point. That will cause a problem, Hood: Mr. Chair, Commissioners, we did actually talk with Christy Richardson about that very question and I have an e-mail from her stating that the traffic volume anticipated on that stub street will not exceed their threshold for a 42-foot right of way, so they will still allow you to do 29, again, provided that Meridian fire also signs off on that street section for parking on one side. So, their development services is okay with the extension of the stub street at a 29 foot street section. Rohm: That was my point. Thank you. Zaremba: Thank you. , Meridian Pianning & Zoning March 17, 2005 Page 52 of 60 Moe: I do have a -- Zaremba: Commissioner Moe. Moe: -- question. Probably more for staff. I just want to make sure in regards to the tiling of the ditches that is taken care of, then, on page 14 of the -- of item four. We will take care of that? Hood: That is correct. And also on the applicant's submitted preliminary plat you notice the Parkins Lateral, a user's ditch and, then, it says to be piped. So, they are proposing to do that on their plat, in addition to this site specific standard requirement that requires all irrigation laterals to be tiled and piped, so -- Moe: Just wanted that on the record. Thank you. Borup: Mr. Chairman, we have talked about the -- I guess it would become a through street. I wasn't clear on what properties that was going to have access to. It looks like a ACHD future street would go to Winston Moore's property and cut through those two parcels, I'm assuming. I assume those purple lines are a proposed conceptual layout? Hood: That's my artistic take on streets. The dashed lines -- the black was provided by the applicant. They are approximate locations. There are some constraints. A private lane does bisect right here and there is some crossing of that private lane. The other idea is to get the commercial mixed use here at Winston Moore's up to the signalized intersection. It may weave a little bit through there, but that's the general alignment of that street. These other pink are the residential portions. This mayor may not tie with that commercial aspect -- or commercial street, but it could potentially provide that connectivity as well, so -- all very conceptual, though. Borup: Okay. Right. I understand. Okay. Thank you. Zaremba: The hearing is still open. Commissioner Bivens back again. Bivins: Dave Bivens. Craig, could you put back up that -- the map of the way it currently is? Yeah. The reason this not to -- I think you asked -- Mr. Chairman, you asked that the elevation of these properties -- this land in here versus the land that's on this side -- you remember that this lateral runs right down here and, then, back over this way. It is on grade. But the interesting thing -- and I don't know how it ever happened -- but the drainage from the irrigation system that still occurs here actually drains down from the east to the west and, then, down to the south and it's piped down to that way. It's kind of a strange arrangement. But the lateral at this point in this corner here is quite high and this location in here is a dramatic difference in elevation. So, they have graded that -- leveled that land in there, so -- Zaremba: Let me see if I understand it. The canal itself is high, but the properties on both sides of the canal are fairly equal? . Meridian Planning & Zoning March 17.2005 Page 53 of 60 Bevins: The canal itself is high and this part through here -- right in through here is concreted. It's a concrete ditch. And, then, it's open -- just dirt ditch from here on out. But, like I say, this here -- the land on this side is much higher, because of that draining to the -- it's going against the grain, I guess you would say, from the way the water runs and I was told at one time that that was changed and the water at one time came down -- and I'm probably -- this is maybe irrelevant. The water came down this line right here and, then, it went this way to service this property. So, they changed that whole thing and releveled that field, so that the water drains from about in this area here, down here, down -- goes down that ditch. So, the elevation that -- the net result was -- in answer to your question, the elevation on the west side of the canal is actually higher than it is on the east side. So, it does give a better site distance. Zaremba: Great. Thank you. Okay. Commissioners, any thoughts? questions? Discussion? Close the Public Hearing? Further Rohm: I don't have any additional questions. Mr. Chairman, I move we close the -- Hood: Mr. Chair, excuse me. You may want to just allow the applicant to have the last word, even though it wasn't really a question, she's just-- Zaremba: The applicant is satisfied with it. That was a contribution, not a question. And it, actually, was answering a question that I asked, so appreciate that. Commissioner Rohm. Rohm: Yes. Mr. Chairman, I move that we close the Public Hearing on Items 16, 17 and 18. Moe: Second. Zaremba: We have a motion and a second to close the three public hearings. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Zaremba: Do we need any further discussion or clarification from staff of items in the report that should be modified? We had some given to us previously. Newton-Huckabay: Some modifications? Zaremba: Uh-huh. Or are you ready? Rohm: I think I'm going to make a stab at the first one anyway. Zaremba: Commissioner Rohm, , Meridian Planning & Zoning March 17.2005 Page 54 of 60 Newton-Huckabay: I have some questions first. Zaremba: Commissioner Newton-Huckabay. Newton-Huckabay: This Eagle Road traffic issue with the medians and that type of thing, what's the time horizon on getting that to a resolution? Does anybody know? I mean we see the miscellaneous reports and that type of thing, but -- Rohm: My guess is just as the -- they address it at such time as political pressure is significant. Newton-Huckabay: I guess my concern is -- I know that we don't decide that. I mean we have no impact on that, that we are not the authority there, but we continually recommend developments a on Eagle Road and -- but everybody at the same time agrees that there is a huge problem on Eagle Road and -- Borup: Usually it's when it gets bad enough that people can't take it anymore, then, they do something. So, the way to speed that up is to have more development. Rohm: Yeah. Make it worse. Zaremba: Unfortunately -- and I think one of the letters that was written to us or e-mails, I'm not sure how the form came in, pointed out that the signal at Island Woods or Two Islands or Two Rivers or whatever it is up there, happened because there were traffic fatalities and, you know, you don't want to have to wait that long to have it happen, but, unfortunately, sometimes that's what pushes the responsible authority over. Rohm: Well -- and I also think that -- Newton-Huckabay: Director Canning, do you have anything more enlightening -- Zaremba: I think Director Canning has something to add. Canning: I just wanted to say that the Eagle Road corridor study I don't believe has actually been adopted yet, so I think that that's just finishing up. And, then, I know that the next step was, then, to allocate funds. If the Garvee bonding goes -- proposal goes through, the governor will probably -- it's not one of the ones he specifically identified, but I would imagine it's one of the ones that ITD is probably interested in. So, that's the next step in the whole process, to begin funding parts of that project as identified in the corridor study. Borup: And in this case Eagle Road will start with the median is what they would be doing on Eagle Road? And some signal lights? , Meridian Planning & Zoning March 17, 2005 Page 55 of 60 Canning: I seem to recall -- I think they were going to do it kind of in chunks, rather than do all the lights and, then, all the medians. I think they were going to just go in segments as they went down the road. Borup: Makes sense. Canning: You know what would be a great thing is that Steve, I believe, is coming to talk to you on the -- Zaremba: Our second meeting in April. Canning: In April. And he could probably, if you asked him, give you an update on what's going on with the Eagle Road corridor study. That would be the best thing to do. Zaremba: Great. Canning: If I remember I will let him know. If one of you remembers, that would be helpful, too. Try and leave him a note. Newton-Huckabay: That's the only thing that bothers me all the time is, you know, what is the resolution to that very real problem. Or are we just going to continue to develop around that problem? Rohm: Well, I think that a portion of the answer to that that as developments occur you're adjacent mile post roads are going to develop as Eagle Road has and Locust Grove and other roads will continue to expand and lessen some of that burden off of Eagle Road, as they are widened and fully developed. And in the meantime you just-- Zaremba: Much of the -- how shall I put this? We know that ITD and ACHD are responsible for actually building the roads, but they are, actually, in a position of having to wait until Compass forecasts that that road improvement is necessary and justifiable. Compass constantly updates their forecast and their need based on how much development happens. I mean their forecasting system seems to under forecast, but they revise it every time a new subdivision starts building and I think it's been said before, road widenings and signals and even fire stations happen because enough development happens to force them into the -- onto the schedule for the improvement plan and, you know, if we were to deny this development, that signal probably will never happen. Newton-Huckabay: Oh, I'm not going to -- I'm not saying I want to deny this development, but -- Zaremba: Yeah. I knew we weren't talking about that extreme, but I'm just making that example. . Meridian Planning & Zoning March 17, 2005 Page 56 of 60 Newton-Huckabay: I mean it's not rocket science that something needs to happen on Eagle Road and whether -- you know, that -- you know, somebody needs to be jumping up and down and throwing a fit that we need to fix the problem on Eagle Road. And I don't know how that gets done, because it's not -- you know, the ACHD report says, you know, who is going to fund the -- who is going to fund the light -- Zaremba: Well, I may have asked this question before. When we get this many e-mails and letters from people who address that subject, does anybody ever respond to them and say would you, please, forward your request onto ITD? Borup: That's what I was just going to say. That would be useful to have -- but have them do the same to ITD and that's where it needs to go, They are all from Cameron Park. Zaremba: Can we respond to some of them, say thank you for your interest, please -- Hood: Mr. Chair? Zaremba: -- who would make that response? Hood: We do have a response card. It's pretty generic. It says thank you for your concern. Your concerns were noted at the hearing and we could even add, probably, a P.S. to the end of that generic card that we have generated, you know, please forward this on to ITD District Three and let them know that you have concerns about this and they get a mass e-mailing -- I don't know that it will go anywhere, but we could certainly do that. Newton-Huckabay: I think it's a great idea. Zaremba: I would like to respond to the people -- suggest to them that they take that action. If that's possible. Does that help us resolve most issues? Commissioner Rohm, you look like -- Rohm: I have run out of steam now. Borup: He was already to go. Rohm: I was ready to go 15 minutes ago. Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we forward on to City Council recommending approval of AZ 05- 006, including the staff report for hearing date March 17th, 2005, received on March 14th, 2005, with the following changes: On page nine, paragraph three. bullet one, the second sentence should read: Further, the applicant agrees to provide the city with all legal descriptions for any portions of the multi-use pathway that are off site, quote, , Meridian Planning & Zoning March 17,2005 Page 57 of 60 unquote, under ACHD ownership and church ownership, end quote, prior to final plat signature. End of motion. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: Did we have anything with the preliminary plat? Moe: Yes. On page 13. Rohm: Got it. Got it. Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we forward onto City Council recommending approval of PP 05-008, to include all staff comments for the hearing date March 17th, 2005, and received March 14th, 2005, with the following changes: On page 13, under site specific conditions, preliminary plat, item three, bullet one, to read: If allowed by ACHD, install one tree for every 35 feet -- through the balance of that first sentence. And I have not made any other changes, so end of motion. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? Okay, That motion carries. MOTION CARRIED: ALL AYES. Zaremba: Commissioner Rohm, you're on a roll. Rohm: Mr. Chairman, I move that we forward onto City Council recommending approval of CUP 05-019, to include all staff comments for the hearing date March 17th, 2005, and received March 14th, 2005, with no changes. Moe: Page 20. Rohm: Oh, that's why we have you, Dave. Page 20. Okay. Oh. Page 20, item two, add a second bullet that says Block 7 is allowed to exceed the block length due to design configuration of the existing street structure. Borup: Do you want to add the word thousand in there? ~ 4 ,Meridian Planning & Zoning March 17, 200~ Page 58 of 60 Rohm: To exceed the thousand foot block length, due to the design of the street structure. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Zaremba: We have one more motion. Borup: There was one other discussion and that was on the -- excluding the land in the North Slough. Wasn't there additional discussion on that? Newton-Huckabay: That's the landscape, the eight percent -- Borup: I know. I know. But the staff report says it needs to be eight percent. Rohm: Or he said that it could be left just as written, if we chose to, and I didn't understand it well enough to change it, so-- Borup: Okay. I was-- Zaremba: Yeah. The discussion was what is counted in open space and what isn't and they have enough even if you don't count the disputed middle of the channel. Borup: Well, they don't have eight percent without the channel, do they? Zaremba: They only need five. Borup: I know. But the staff report says eight. I was just wondering if we need to change that eight to five? I realize we have already had a motion -- I don't think I voted on it, though. Did we have a motion? Zaremba: We did. And I think we were unanimous. Borup: I didn't vote, I don't believe. Hood: As a clarification, you could, you know, exclude the -- or include the channel in that eight percent requirement as proposed -- I mean that's -- you know, it does say eight percent of the site for open space and, then, there are, in parenthesis, exclusive of the channel for the North Slough, so -- Rohm: How about if we just change it to five percent and -- or exceeds five percent and, then, leave everything else as is? ~ ,I . Meridian Planning & Zoning March 17, 200~ Page 59 of 60 Hood: A minimum five percent. Borup: That's what my notes show. Zaremba: So, would you care to propose that as an amendment to the recently made motion? Baird: Mr. Chair, I would recommend that since that motion did pass, that you move to reconsider that, to totally open up again, rather than modifying it. I should also add that when you do include as part of your motion: And to include all staff comments, you are actually, with that saying, you have actually adopted the modifications that staff has proposed, so it's -- it's arguable, but it's in there, but since it's definitely a point of discussion, I'd recommend for clarity that you -- if you want to, to go ahead and move the reconsider and, then, direct staff with regard to what particular language you would prefer. Zaremba: Okay. I would accept a motion to reconsider the most recent motion. Rohm: So moved. Can you do that? Borup: You just did. Rohm: All right. Zaremba: Is there a second? Moe: Second. Zaremba: Okay. Moved and seconded to reconsider the motion that was made on CUP 05-019. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Zaremba: Commissioner Rohm, do you want to lead the discussion? Rohm: I'm not sure if I do or not. Newton-Huckabay: You just make the motion again. Rohm: I'm going to make a stab at that. Okay. Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we forward onto City Council recommending approval of CUP 05- 019, to include all staff comments for the hearing date March 17th, 2005, and received . ;:¡ , Meridian Pianning & Zoning March 17, 2005 Page 60 of 60 March 14th, 2005, with the following changes: On page 20, add a second bullet that says Block 7 is allowed to exceed the block length of 1,000 feet, due to road design. Under item three is a reference to an eight percent of the site set aside -- an eight percent -- and we are going to change that from eight percent to five percent -- exceeds five percent. And I believe that's all the changes we need to make. Moe: Just for clarity, you didn't note that second bullet was going under Item number two. Rohm: Oh. Excuse me. The second bullet does go under Item No.2. I believe that's the end of the change. Moe: Second. Zaremba: Okay. We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Zaremba: Thank you all very much. Moe: Mr. Chairman, I move that we adjourn. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. It is 10:21 p.m. MEETING ADJOURNED AT 10:21 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED DAVI2~P ~ '\Ie:.. ___t,¿r