2019-12-18 Ann Kirkwood1
Charlene Way
From:Ann Kirkwood <ann.d.kirkwood@gmail.com>
Sent:Wednesday, December 18, 2019 10:44 AM
To:Meridian City Clerk
Cc:alvin bunch; Todd A Hitesman; Ann Kirkwood
Subject:Written Comments re: Shelburne South Subdivision public hearing 12/19/19 - 31996
Attachments:Written testimony copy.docx
*External Sender - Please use caution with links or attachments.*
We are owners of 4128 E. Amity Road adjacent to the Shelburne South subdivision. Attached are our written comments for the
record at the December 19 public hearing on this rezone, plat and annexation.
Please confirm your receipt by return email so we are assured it will be entered into the public hearing record.
Thank you.
Ann D. Kirkwood
Alvin G. Bunch
Written Testimony Comment 31996
Alvin Bunch and Ann Kirkwood
December 19, 2019
Hearing on Shelburne S. Subdivision
We are owners of the parcel located at 4128 E. Amity Road, bordering the proposed Shelburne South
Subdivision. These written comments are offered with the request to include them in the December 19,
2019 public hearing held by the City of Meridian.
Following are our comments and questions:
1. The city determined our parcel is a “parcel of record” which impacted the status of our parcel
associated with this subdivision. The first deed we find that was issued for 4128 E. Amity Road,
Meridian, was in 1986. We understood a parcel of record needed to have a deed dated before
no later than 1984. We have been advised by city staff that the city’s legal department
determined we are a parcel of record despite the 1986 deed. We would like a written
confirmation from the city to confirm how this decision was made and why, and a statement on
the historical record that the city deems us a parcel of record.
2. From the plat provided it is hard to determine where and what kind of fence is proposed along
the borders of our lot. We would like confirmation for what type of fence and exactly where.
3. We are frustrated that the developer’s engineer moved the location of the first community
meeting without notification. We arrived and stood outside the meeting room with another
property owner and the assistant to the Mayor for 45 minutes. The second community meeting
was held starting at 5 tonight, not providing us with sufficient time to review details and offer
additional written or verbal comments at this hearing. We would like the opportunity to submit
additional comments to allow us and our representatives time to review any issues raised at
today’s community meeting and the request we have made to the engineer for more
information on fencing and a potential sidewalk on Amity. Specifically, we have requested a
walk through of the borders of our lot that will be fenced and the location of any sidewalk. We
would be willing to allow construction of a sidewalk across our property as long as it has no
adverse impacts on our well or irrigation ditch. If the developer agrees to pay for ALL expenses
related to building a sidewalk we are open to discussing a sidewalk.
4. We have water rights both for a water well and irrigation. While the city has informed us that
the developer is not allowed to alter our water rights in any way, we are concerned what may
happen if the developer does impact our water rights. What is our recourse if this occurs? What
will the city do if this occurs? Are we left having to sue?
5. We do not see reference in the paperwork that the developer has contacted the New York
Irrigation District about impacts to the irrigation patterns and any approvals granted.
6. The previous owner of our lot sold the property for Dirt Road on the eastern border of our lot
for access to their property behind 4128. According to the document given us by the former
owner of our property, at that time, all parties agreed that this access would be granted to a
subsequent owner (us). The plat submitted does not make clear what is proposed for Dirt Road
nor how the developer will assure us the continued access to our pasture, via the east or gate on
north side, that we require.
Submitted by email this December 18, 2019 to the Meridian City Clerk for delivery to the Planning
and Zoning Commission and City Council by Ann D. Kirkwood and Alvin G. Bunch.