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1979 08-13 A G E N D A Meridian Planning and Zoning August 13, 1979 ITEM: Minutes of previous meeting APPROVED. 1. Residents of Country Terrace to protest Annexation. 2. Country Terrace Annexation "A" Residential - located Overland and Kuna-Meridian Rd. Advance to Council without recortunendation on street problem; Denied Annexation 3. Hudson-Mitich Annexation #2 Design Review - Recommended Approval, with the provision that there be three accesses on Linder. 4. Roberts Conidtional Use - located 403 ld. Cherry Lane. Recommended Approval, subject to access off of 4th St; half of 4th St. Improvement; and 15' variance with Design Review. • M 'f'an Planning and 7nnina August 13, 1979 Meeting was called to order by Chajrman, Don Sharp at 8:00 P.M, Commission members present: Lee Mitchell; Ken Tewksbury; and Rick Orton. Others present: Barbara Geile; Steven W. Hosac; Gene Rasmussen; Paula Hansen; H. David Hansen; Georgia L. Chapin; Evelyn Cole; Jim Kling; Sandra Tarrant; Michael L. P1illhollin; Jeanie K. Eggleston; Jim Eggleston; Bill Brewer; Arvad Roberts. Minutes of previous meeting were approved. Country Terrace Annexation Hearing opened. Agenda 1 Country Terrace Homeowners were present and presented two (2) petitions (on file with these minutes.) Homeowner, David Hansen presented Petition 1; Opposition of paying the hookup fee on water and sewer prior to having services available and Petition 2; Opposition to making Country Terrace Way a through street. Hansen stated that all of the residents had the understanding when they moved there it was going to be a closed subdivision and that there would be very limited traffic. Hansen, in behalf of the Country Terrace, asked that the Commission seriously consider the two petitions presented. Agenda 2 Country Terrace Annexation - Located Overland and Kuna-Meridian Rd. Steve Hosac, Hosac Brothers, was present, representing Country Terrace Annexation. Hosac displayed maps laying out h1eridian Greens Annexation and Country Terrace Subdivision proposed Annexation. He opened his presentation by stating that Hosac Brothers are in sympathy with the Country Terrace homeowners and support their viewpoint on this matter. Hosac pointed out the existing clu-de-sac in Country Terrace. He explained that some time ago it was required that Meridian Greens connect to Country Terrace by a street. This was based upon an original concept plan they had done for Meridian Greens. Since that time Country Terrace was developed with the existing cul-de-sac. He stated that they had come back to Planning and Zoning and City Council and proposed an alternate to the street connection. That alternate consisted of a 20 foot pedestrian walkway that came from the head of the cut-de-sac and down through between two lots and connected to the street in Meridian Greens. This was to be access from Country Terrace to the Golf Course. Hosac maintained this proposal was brought into the City Council, but their mistake was that this was not brought forward on the formal agenda and that the approval was not recorded in the City Minutes. He stated that based on the supposed approval, the Engineers went ahead with the Final Plat of Meridian Greens with the 20 foot pedestrian easement and had told the people buying and building homes in Country Terrace that the projects would be connected by this easement. They had resurveyed, recomputed where the boundary would be and built a home on the lot which was part of the previous connecting street proposal. (Lot 1, Block 3 of Country Terrace.) Hosac again maintained that they thought what they were doing had been approved. When Hosac Brothers brought in this proposal for final plat. The City took the position that the pedestrian proposal was not approved and wanted the street connected. There were meetings with the Mayor and Engineers and the outcome was that before final approval, the street must connect. Hosac stated that a meeting with Country Terrace Homeowners Association was held. The best solution they arrived at was to submit a Preliminary Plat of the flat area below Country Terrace now developed that was not intended to be brought in for some time, and in doing so they would essentially be replatting the small segment of Country Terrace including the end of the cul-de-sac. It was the response of the Mayor and the City Engineer that the lower plat, proposed to solve the street problem, would Meridian Plannin and Zonin .2. Au ust 13, 1979 not be annexed unless all of the existing Country Terrace Subdivision was annexed. If this is done, the existing homes would be required to pay the sewer and water hookup fees, which the residents are opposing until the services are available. Sharp questioned and stated the fact that the City has made those services available and that the City is not at fault. Hosac stated, not economically so. Sharp pointed out again that this was not the City's problem that it hadn't been done because there are two different accesses to the sewer and that the City approved the Thomas property so the City would annex Meridian Greens; and yet nothing has happened out there. Sharp stated that the Shopping Center would bring the service up to that point. Hosac stated that when the Shopping Center is done, it is likely the service will go all the way over to Meridian Greens. Hosac stated he presumed the homeowners in Country Terrace would not resist Annexation if they did not have to pay hookup fees until service was available. Hansen stated there are two homeowners who oppose annexation at anytime, but majority realize it will come and accept that fact. Sharp inquired why Hosac wanted Annexation. Hosac explained the lot that the connecting street was to go across now has a home (Lot 1, Block 3 Country Terrace) and the boundaries need to be resolved. As he saw it, the solution to the connecting street problem would be to go ahead and annex, approve the Preliminary Plat; record and legally make the provisions. When the lower portion would be developed might be quite some time in the future. He stated if the City "backs off" on the road connection, he felt the problem is solved. If the pedestrian easement would be approved, there would be no need for replatting. Sharp stated that there is a map discrepancy and asked for clarification, The Commission had acted upon the final plat showing the connecting street. Orton inquired how the road got moved from the original location to a new location. Hosac stated this had been changed within the last six weeks, to two months. Sharp inquired if the last map and location had been approved by the City. Hosac stated "tecnically it had been approved by Sumner Johnson and Joe Glaisyer, and so forth because we worked with them on it" Mitchell stated the Planning & Zoning has been out of this ever since the original was approved. He did not remember any pedestrian easement. Hosac stated it was basically the City Council. Georgia Chapin addressed the Chairman stating that Lot 1, Block 3, the lot in o,uestion, was their property and home, Chapin stated that they bought the lot a year ago March and were assured that the street would be a cul-de-sac and gave a 20 foot easement for a golf cart lane. They have put in an underground sprinkler and protested the road going through. Hosac stated that on the contrary, that if the road goes through, it would not take any of their property. Hosac stated they wanted a resolution that would satisfy the City and residents too. He admitted the mistake of presenting the change on an informal basis. Orton questioned why this couldn't be done through the .County. Hosac stated this would just be sent back to the City as the boundary is in the City. If the road problem could be resolved, they could wait for Country Terrace Annexation. There was discussion as to access to Kuna-Meridian Highway, connecting streets and fire protection. Meridian Planning and Zoning .3. August 13, 1979 The homeowners protested the need of a through street for fire protection. There was discussion on how Country Terrace was approved with the cul-de-sac and Meridian Greens approved with the connecting street. (lore discussion concerning how the problem came about. There are only four (4) vacant lots left in Country Terrace. Orton stated that the Commission should before them and after this is resolved City Council to either have or not have the Commission moved to have the street the same recommendation all over again, the City's Engineer recommendation, the consider the Annexation question to make a recommendation to the the connecting street. Originally in there. If they were to make it would be in conformance with Ordinances and the City Council. Again the need for the connecting street for fire protection was debated and opposed by Homeowners attending. James Kling, on behalf of Country Terrace homeowners asked for help from the Commission to solve this street problem. A Compromise Access was discussed to solve police, ambulance and fire department service. Hosac felt the problem would be resolved if the City Council would accept the pedestrian easement. Orton expressed opposition to annex any property south of the Interstate until service lines are extended. The Motion was made by Orton and seconded by Tewksbury that the Commission deny Country Terrace Annexation request. Motion Carried: All yea. Tewksbury stated that taking all in consideration, the homeowmers opposition to street connection and access points that are available, he would be in favor of the City Council "back down" on street connection. Mitchell stated that the conflict has already started and that there was very little the Planning and Zoning Commission could do. This matter must be resolved with the City Council. He pointed out the original map had been approved and several errors have been made. The Motion was made by Mitchell and seconded by Orton to advance the connecting street problem on to the City Council without recommendation. Motion Carried: All yea. Agenda 3 Hudson-Mitich Design Review -located West of Hudson Mitich Annexation on Linder and South of Pine. Glen Hudson was present with Design Review plans. Sharp stated that access points should be changed so that traffic would not come on to Linder anywhere they wanted. Hudson stated that they would be paving as they build. The Commission suggested an entry on each side and one in the middle off of Linder Road. Orton questioned adequate turn-around room for a fire truck. Hudson pointed out fire hydrants, 50 foot turn around and 40 foot between buildings. The Motion was made by Orton and seconded by Mitchell to accept the Design Review of Hudson-Mitich #2 with the provision that three accesses be allowed on Linder. Motion Carried: All yea. Hudson pointed private access road at far south side for Fri to Lay, but not included in this action. • Meridian Plannin and Zonin .4. Au ust 13, 1979 Agenda 4 Roberts Conditional Use Hearing Arvad Roberts was present to represent the request for a Conditional Use Permit on 403 W. Cherry Lane (Roberts Annexation.) The drawing was discussed as to parking and access off of 4th St. A 15 foot variance was needed for `future Cherry Lane improvement. This would be for office use only. The Conditional Use request is for the whole of 158 feet by 159 feet. Parking area on the West side will be deleted and should all be off of 4th St. The Motion was made by Mitchell and seconded by Tewksbury that they recommend to the City Council, approval of Roberts Conditional Use for office, subject to access off of 4th St.; half of 4th St. Improvement; and 15 foot variance, with Design Review. Motion Carried: Tewksbury, yea; Mitchell, yea; Orton, nay. The P~lotion was made by Tewksbury and seconded by Orton that the meeting be adjourned at 10:00 P.M. h irman ATTES ~~ 2 hac ~ T ~i~l~ Cj'ty Clerk