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1995 06-22i • MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING AGENDA THURSDAY, JUNE 22, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS TABLED FROM MAY 9, 1995 MEETING: ANNEXATION AND ZONING REQUEST TO C-G BY MICHAEL PRESTON: (CITY ATTORNEY TO PREPARE MODIFIED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR JULY 11, 1995) 2. PUBLIC HEARING: REQUEST FOR AN CONDITIONAL USE PERMIT TO OPERATE A RETAIL BAKERY BY ROBERT PREECE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF WW FOR JULY 11, 1995) 3. PUBLIC HEARING: REOUEST FOR AN ACCESSORY USE PERMIT TO SELL AN OCCASIONAL FIRE ARM BY JIM COMBE: (TABLED UNTIL JULY 11, 1995) 4. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR PACKARD SUBDMSION NO. 2 BY PNE/EDMONDS CONSTRUCTION: (TABLED PUBLIC HEARING UNTIL JULY 11, 1995 MEETING) 5. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5 & 6 BY STEINER DEVELOPMENT: (CITY ATTORNEY TO PREPARE AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW) MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING AGENDA THURSDAY, JUNE 22, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1. TABLED FROM MAY 9, 1995 MEETING: ANNEXATIO AND ZONING REQUEST TO C-G BY MICHAEL PRESTON: ~'~~ ~i{~-tri-~ 3a jfi.~cN__p 2. PUBLIC HEARING: REQUEST FOR AN~ONDITIONAL USE PERMIT TO OPERATE A RETAIL BAKERY BY ROBERT PREECE: (ti~ :-144e-~~- 3. PUBLIC HE/~RING: REQUEST FOR AN ACCESSORY USE PERMIT TO SELL AN OCCASIONAL FIRE ARM BY JIM COMBE: Ta,h-tc,~ t~,,,~v . S~ i,.-x?~ 1 > i ~~r s 4. PUBLIC HEARIf~G: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR PACKARD SUBDMSION NO.2 BY PNE/EDMONDS CONSTRUCTION: Tr~~ka F«k~<_, t-~?•=~~=x- ~~~4y 5. PUBLIC HEA~NG: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5 & 6 BY STEINEtR DEVELOPMENT: Ci-c~.,,,~~~ ~t• ~:~~-~ ~ CITY OF MERIDIAl~ PUBLIC MEETING SIGN-UP SHEET NAME PHONE NUMBER ~~~-(~ sL,~,-,~ C~d'~ .Z2 I-~ ~~ ~~, 2- d-~~- z z s MERIDIAN PLANNING & ZONING COMMISS~r)AI NE 22 1995 The Special meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Pro tem Charlie Rountree at 6:30 P.M.: MEMBERS PRESENT: Tim Hepper, Moe Alidjani: MEMBERS ABSENT: Jim Johnson, Jim Shearer: OTHERS PRESENT: Wayne Crookston, Gary Smith, Anna Doty, Dale Sharp, Helen Sharp, Billie Jo Premce, Dixie Lee Roberts, Vem Alleman, Sally Norton, Mike Preston, Robert Preece, JoAnn Thompson, Jim Combe, Diane Bess, Bill Eddy, Kelly Bess, Ted Hutchinson, Mark Peterson, Albert Dauvin, Roberta Thompson, Floyd Reichert, Mick Dauvin, Steve Bradbury, Doug Campbell: TABLED FROM MAY 9, 1995 MEETING: ANNEXATION AND ZONING REQUEST TO C- G BY MICHAEL PRESTON: Rountree: We have findings of fact, the recommendation of the findings of fact was to table this item for further information. Is the applicant here to provide us with some additional information? Mr. Preston. Preston: Yes Mr. Chairman, my name is Mike Preston, President of Shekinah Industries Inc. I have submitted to Ms. Stiles a revised concept plan for this property. Basically this plan that has a lot more information on it is the same basic master plan that I submitted. original but just with additional information giving the Commission the idea of the type of landscaping, parking, fire protection facilities, access ingress/egress to each of the facilities. What the office complex might look like, obviously we don't have any tenants for this project so the shape of the buildings and specifically might change a little bit when we come back with a specific conditional use in the future. It will be generally like this, now the important thing so that we can clarify the record that this plan does meet in my opinion all the requirements of the Comprehensive Plan. I have taken specific care to protect the neighbors, Now your Comprehensive Plan specifically allows this use a G-G use on this property, but it also states that we have to concem ourselves with the impact on our neighbors. So what we have done with the close neighbors right here is we have .placed a professional office complex next to those. There is no quieter use that we can put there, even a park would be noisier than a professional office complex. The traffic is out away from the units, and the office buildings will separate the cars from the houses. Plus, please note that 1 have added a 6 foot high masonry wall all the way around.. Now if they don't like that we can change it, but what 1 am trying to show is my cooperation with the neighbors to totally sound proof this area from them. Plus of course the 20 foot landscape strip that your ordinance calls for. Now, the uses, we have got the same retail area here like we showed on our other ptan in just bubble detail. The office concept here, office warehouse back here and product supply over here and then retail down on the comer of Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 2 Franklin and Locust Grove. There has been a lot of talk of the impact we are going to have on the wetlands and so forth, please note that Five Mile Creek is almost all within the right of way of Franklin Road. In other words the right of way that ACRD requires and also I guess the City of Meridian was 45 foot from centerline. That is almost to the south bank of that. creek. Then with my 35 foot landscape strip we will not disturb any of the wetlands, we will not impact that in any way. We will landscape it and make it prettier than it is today, but we will not fill it, we will not be digging in the creek or anything like that. So, we are totally going to protect that area. That has been a concern of the neighbors in this area for sure. In relation to the area outside of that there probably is a flood plain out in this area, but it is legal to fill in the flood plain. So, we can get the necessary approvals from the Corps of Engineers etc. to just, well we don't really even need any it is just a flood plain to fill out here where we have got the service station and so forth. But we will not impact that Five Mile Creek in any way. The findings of facts that came out after we had our public hearing had some indications that I did not have the proper earnest money or option agreement to tie myself to this property. That is totally incorrect, I could have never gotten before you, Ms. S#iles checks that very carefully. So, I've got ail the proper documents with the owner of this property Monty McClure and IVADCO own this property and 1've got about an 8 month option on it of which t am a little more than half way through already. So it is critical to us at this stage so that we can do our proper financing and so forth before this option runs out. To get this project onto the Council so that we can get it approved or denied whatever it is that the City is going to do to this property. So I highly request that we could go from tonight directly next month to the Council if at all possible. I know that the findings of fact as written include that information about additional information so it is going to have to be modified now that t give it. I am requesting that this Commission consider authorizing the City Attorney to modify the findings of fact, not change them in any way be include this additional information if you like it or any modification if you don't and pass it on with your recommendations pro or con to the Council so we can get on because we are really under a tight time constraint. I would be very happy Mr. Chairman, we show all the landscaping, harming and so forth on this to give you a clear indication that we far exceed the minimum requirements of your ordinances. It is going to be a very nice project. That is what we wanted to display to you in this rendering. Do you have any questions that 1 can answer? Alidjani: I have one questions that is in the form of a clar'rficetion you are saying you don't want the findings to be changed in any form or shape, you want it modified but also you indicated that not correctly but incorrectly they have put in the findings that you did not. have your option was not correctly done or however it was written. Are you proposing at this time because a portion of the modification will be that portion of the findings will be changed because in fact at this time you do have technical problems solved with your option and you definitely do have an option to buy those properties? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 3 Preston: That particular portion isn't in the, 1 don't believe in the findings or conclusions, it is in a previous statement but it was stated that 1 didn't have a tie to it. I just wanted to explain to you that 1 did have and. now it is on record. It is, Shari has all the documentation so that is relatively immaterial. I just wanted to let you know that was incorrect. That I do have, there was testimony after I spoke last time that stated I didn't have any option that it was expired and everything else. That was not true, I just wanted to put that on record. But it is not in the findings of fact and conclusions of law. Rountree: Any other questions? Hepper: Do you have any proposed tenants at this time? Preston: None. Hepper: Do you have any time frame or schedule when you might do some (inaudible) or put in roads or anything? Preston: It is our plan to have this now, this spine road with sewer and water facilities we plan on having in next spring. Now, Mr. McClure's house which is a walkout basement type home is a very nice home, it is this home right here, or this office right here. We would convert that to an office. At this time we don't know ff we would put this in and landscape the road and then sell this whole spot off as an office complex for someone else to develop the specifics or if we would put these parking lots in and then sell off the lots for individual for one owner to own that building. We haven't made that type of a decision yet Mr. Hepper, but we will. At the very least we are going to develop this road all the way through because I have shown a phasing schedule. The offices are phase 1 and 2, .and the office warehouse is 3, and the supply is 4 and of course the retail is 5. The retail, 1 mean 1 think everybody is aware that this isn't going to be retail for quite a few years. I am not proposing that today this is retail property. It isn't, it flat isn't. Franklin Road has to be improved, Locust Grove has to be put over the freeway, a traffic light here, extended north, all of that has to be done before we could even consider these 2 retail sites. This is in the future, but some of these. others can go. It is a possibility that this office warehouse back here might go before the professional office. My phasing might be out of sync so we want to put the whole road in and make all of these available for potential buyers. Hepper: With the office space and the warehouse space that will be restricted hours and stuff, is there anything that they couldn't be manufacturing or they couldn't be running some sort of business 24 hours a day? Preston: Well, okay that is a good point but it is preliminary. I don't know my tenants, I Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 4 don't know what they are going to be doing. They might be making pillows that is the quietest thing in the world and you don't care. The point is when we come back we have to get a conditional use from this body to do whatever it is. If it is making pillows and it is nice and quiet that is one thing. If it is manufacturing steel you might have another opinion of that but. you have total control in the future through conditional use and master planning that I have to go through in the future. We are only asking for annexation and rezone so you get a total other shot. When we have the other shot we then have the tenants, we then have the specifics and we can talk very specifically to those kind of issues that are very important. For instance if 1 came in and wanted to put something very noisy here instead of this office complex next to my neighbors I know what you guys are going to tell me, Mr. Preston do you remember back in June of 1995 when you said, you bet I do. That is why we are going through this process. So I have got to stick to this general plan especially around here and so forth. If I come in with something obnoxious you are probably going to turn me down and you have the total right to do so. Rountree: Any other questions? What action? I will entertain a motion. Alidjani: I would like to ask a question from our Counselor. Wayne, in the process of conditional use permit with a general blanket annexation and zoning of C-G at what point in time do we come here or do they come here to exercise their option and their zoning and with the conditions to go in effect with the different departments that we can have some kind of control of what goes in. Crookston: In this area it is designated in the Comprehensive Plan as a planned development area.. It is very similar to what is going on where Avest is developing Fred Meyer and their other uses. They have to come back to the City and obtain a conditional use for every use. So the City would have control of the uses at that point. Rountree: We do have findings, but 1 would suggest they probably at a minimum have to be modified, correct? Crookston: I think that is appropriate because of what has been presented. You have the option to basically approve it as it is. You have the option to have the findings amended by interlineation. You have the. option to tell me as City Attorney to re-draft them. You additionally have the option to give them to me to appropriately change as you suggest this evening and send them onto City Council, which is your decision. Hepper: Mr. Chairman, just sitting here looking at these 1 am really not comfortable with recommending approval of this the way these are written. There are so many vague comments in here about things not being understood and 1 don't know there are several Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 5 pages here that really don't seem like they need to be there. I think we need to have new findings written up. Alidjani: Would you like new ones or modify these? Hepper: I think just mod~ed to reflect the additional testimony that we had. Rountree: Do you want to make a motion to that effect? Hepper: Yes, that was it. Alidjani: I second it. Rountree: It has been moved and seconded to modify the findings of fact and conclusions of law with the information provided here this evening, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Mr. Chairman, those then would be presented at the next Planning and Zoning meeting is that correct on July 11th. Rountree: Correct. ITEM #2: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A RETAIL BAKERY BY ROBERT PREECE: Rountree: Is the applicant here? I will open the public hearing. Robert Preece, 810 West Amity Road, was sworn by the City Attorney. Preece: Mr. Chairman and Commissioners my name is Robert Preece and I owrr an existing retail building at 126 East Idaho in Meridian. I would like to rent the existing building to a tenant, Kevin and JoAnn Thompson to operate a retail bakery. We have had district health out and they have approved plumbing that has .been installed. We have been to the Highway District and talked to the irrigation people. 1 really feel that the building is suitable for operating a retail bakery. There won't be any fried bakery items sold there, they will all be baked so that eliminates some of the things (inaudible). Do you have any questions? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 6 Hepper: I have one here, you have a comment from the Ada County Highway District, would you have delivery trucks coming up the alley and loading up? Preece: To deliver bakery items? Hepper: Yes Preece: I am not sure about that. (Inaudible) Rountree: If you want to testify to that effect I guess you can deliver that message to the Commission. Preece: Well, apparently there will be a delivery in the back there probably. Maybe at the front door. Hepper: I am just wondering about the comment from Ada County Highway District about paving the alley. Did you have any intentions of doing that? Preece: Well, when I was down there talking with them they kind of left it up to the City to decide what should be done about that. Hepper: Do you have a preference? Preece: Whether it should be paved or not? Well it would help if it was paved, but the whole alley needs to be worked on. Also, I think it would be really an asset to that alley when the parking is finished there off of Pine Street that the city is planning on doing. That is just about directly behind that location. Rountree: Any other questions? I guess that is all we have, thank you. Anybody in the audience wish to testify? Seeing none I will close the hearing. Crookston: I just have a question. Rountree: I will re-open it then. Crookston: I think it is just because I was writing something down but Mr. Preece there will be no product sold there? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 7 (Inaudible) Crookston: Thank you Rountree: I will close the hearing, I will re-open it if you want to testify. JoAnn Thompson, 1310 East 5th Street Avenue, was sworn by the City Attorney. Thompson: I just wanted to say that we do have the license from the health department and that has been approved and we got that in the mail today. Also, that there will be a lot of walk in type traffic not a lot of drive, well I hope there will be some drive in traffic but there will be quite a bit of drive in that we expect. Also, as far as delivery it wouldn't be a big truck or anything it would just be a van or a car type delivery, small delivery stuff. Rountree: Anyone else? Maybe I can close it this time. I will close the hearing, we need a recommendation. Crookston: You need findings. Rountree: We do need findings on this. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings on this application. Alidjani: Second Rountree: It has been moved and seconded to have findings of fad and conclusions of law prepared on this item, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT TO SELL AN OCCASIONAL FIRE ARM BY JIM COMBE: Rountree: I will open the hearing now. Jim Combe, 606 Lawndale Drive, was sworn by the City Attorney. Combe: Just to tell you a little bit about my business, for the last 3 years a little over 3 years I have had just a small home part time residence which I called Elite Rifle Works and Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 8 its only purpose is to help supplement the family income as my wife and 1 both work regular jobs. Over the past 3 years and 3 months I have sold a total of 15 guns. I only special order guns, I have no inventory of any kind. When customer comes in and wants a particular gun I go ahead and order from a sporting goods distributor, it is delivered to the house there usually UPS. The customer is called that evening and of course the proper federal fire arm forms are filled out and then the gun is purchased. If the gun is not picked up that night I have a safe there that I put that gun in and along with the rest of my personal guns. I don't sell or keep powder or ammunition, I don't have an add in the phone book Most of the sales are through friends and family members. Having told you just a little bit about the business I would like to say that when I sent in my application for my accessory permit 1 went around the closest five neighbors and told them about the business and they all said they knew nothing about it and it hadn't been a problem, it was fine with them. The first I knew there was any friction with that business was 2 evenings ago I happened to stop by here at the City Hall and ask if I needed to be at this meeting tonight. They gave me a packet from the different departments as well as the letter that was sent there to Ms. Stiles. Yesterday afternoon a packet arrived in my mail there saying that there was some concern about me having a small home business. I talked with Kelly about getting together that next morning it would have been yesterday morning but schedules wouldn't allow with the neighbors. At this point I guess I am asking for an accessory permit to sell an occasional fire arm and accessories out of my home.. I would like to say that the last thing that I want is any friction with the neighbors whatsoever. People are much more important than the few dollars this small business makes. I know there are people there in our neighborhood that have small part-time businesses, special order business such as Amway and Shackly and that type of business that they do in their spare time. I would rather request the return of that permit rather than have hard feelings around the neighborhood. Rountree: Any questions? Alidjani: Are you also, while you are selling guns are you selling ammunition? Combe: No ammunition, no powder. It is just not enough or large enough mark up on anything, $1.50 on a box of shells and the hazardous UPS charges would be $7.50 so nothing is ever at my home like that. Alidjani: Do you have to have a special license in order to do that or is just like a catalog deal that you have some catalog at your home and people come and look and then. Combe: As far as the license goes you have to be licensed by the Alcohol, Tobacco and Firearms. They go ahead and check a person out, you send in your application as well as Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 9 your money and six to eight weeks later if everything checks out they go ahead and send you the license. And then with that license I can send that to the sporting good distributors who stocks the guns and then I go ahead and just order from those folks. Alidjani: So have you obtained that license? Combo: Yes, three years ago is when I started this business. Like I say I have sold 15 guns and accessories in a little over 3 years. Alidjani: Any incidents since 3 years ago to now that you wish to talk about? Combe: No, I have had no incidents. It is just pretty straight forward, folks, generally just friends or family members just through word of mouth they stop by the house and I go ahead and talk with them about what type of gun they like and get on the phone and order it. Rountree: Any other questions? Hopper: I have one more question, due to the, you have this form here with these names of the people who are opposed to it. Apparently it caught you off guard, would you like to table this possibly until you had a chance to talk to your neighbors and maybe settle this issue or would you rather proceed with it? Combe: 1 guess I would like to go ahead and talk with the neighbors who had concerns. You are right I was just taken off guard a day and a half ago when I found out there was some concerns about the business there within the neighborhood. Hopper: Because 1 think possibly a lot of their concerns could be alleviated if you had a chance to talk to them personally rather than up here or word of mouth or heresy from people who aren't here. I think maybe if you had a chance to talk to them and stuff maybe you could get this alleviated and maybe not. But at least we would know that everybody had been addressed. I guess it is up to you if you want us to proceed or "rf you would like to table it until you had a chance to talk to them. Combe: We tried to set up just a meeting on such short notice for last night be we weren't able to get together. If those who had the concerns if we could just sit down in somebody's living room instead of a public building and talk to them like neighbors would that would be great with me. Crookston: 1 am just wondering, when you came down to the City to apply for something Meridian Planning ~ Zoning Commission Special Meeting June 22, 1995 Page 10 was there a discussion about whether this was an accessory use or any discussion about that? Did you have a discussion with Shari Stiles the Planning and Zoning Administrator? Combe: No, I just asked for the permit that in order to renew an FFL they asked me to have that accessory permit for my home. So I just came down and they gave it to me. I went around to the neighbors and did what they requested me to do you know fill out the questions on the 10 or 12 pages whatever it was and send it bads in. Crookston: So you say Alcohol, Tobacco and Firearms office said this? Combe: Yes, in order to renew a federal firearms license the Alcohol, Tobacco and Firearms as of this year wants a accessory use permit for your home. They didn't ask for that a little 3 years ago when I applied for it. Alidjani: Excuse me, do you have any letters that indicate that from them when you filled out the application? Combe: I don't, after I sent in my application the second time, it is an every 3 year license, the federal firearms license. They filled me a week and a half to iwo weeks later and just asked me if 1 had done these things. The only thing that I hadn't done was to get this application this accessory permit. Alidjani: So what you are indicating has been verbal communication on the phone and not documented that somebody can read? Combe: That is rightthey just called me on the phone and said we need you to have this accessory permit. I am sure since that went through this last year that you need that permit that it would be in writing somewhere, no I don't have that. Alidjani: So will you educate me I am pretty dumb in that respect. If 1 told you I want to go get a license where would I start? Combe: You go ahead, the request that a pad<et from the ATF, they go ahead and send it to you. You go ahead and fill out the questionnaire, many pages of paperwork, send in your money. They do a bad~ground cned< on you to make sure you are not a felon or have an criminal problems at all. Alidjani: The reason l bring that question up if you want to be a car dealer you have to get a dealer's license you have to have a place of business, a 4 by 8 sign and your place has to be zoned commercial and then you can get your license. What I am trying to bring up Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 11 is does alcohol and Tobacco or whatever agency they are, are they indicating that they need a commercial use property that you can do business from that area or any residential use also is possible? Combe: No, as far as the only thing they said I needed was the accessory use permit that I haven't went through. As far as putting out a sign, no I don't put out a sign, you don't need to. Alidjani: Right, that is an example, that is for the car dealership. I know nothing about alcohol and tobacco. So what would happen tomorrow if I go to Intermountain Arm and talk to Jack Sweet or Idaho and say I need to start application for selling guns? Do the have any application that I can look at and see what is necessary to have and not to have? Combe: Well they would have their FFL, federal firearms license that they would show you. As far as getting it from them, no you wouldn't get it from them you would have to go down to the ATF there in Boise and pick up that application or go ahead and mail it. Rountree: Thank you, any other questions? Thank you Mr. Combe, you may have to answer some additional questions here. Anybody in the audience wish to testify? Diane Bess, 1907 Lawndale, was sworn by the City Attorney. Bess: In the question of him selling firearms, I would just like to know what is the age group that he sells the firearms to. Rountree: You need to ask the questions through us and we will get the answer to you. Bess: I want to know if there is an age group that he sells them to or does not sell them to. He says that he does it occasionaly to friends and family but is there a limit on the age that can buy the firearms through him. How extensive was the background check that they did. Does he do any background checks on the people that are buying the firearms and how extensive are the background checks that he had to fill out to obtain his license. Rountree: Any more questions? Given an acceptable response to those questions do you have a position on this, are you included in the list of neighbors opposing this? Bess: I am, I have children and I don't like the ideal of firearms in our neighborhood and I definitely don't like the ideal of the acx:essibility to teenagers of the firearms. I think there is too much of a problem with firearms and guns and children and I don't want it in my neighborhood. 1 have nothing, I don't know this gentleman, I know nothing about him, but Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 12 me personally being a homeowner and having children I don't want my kids around it. Hepper: You don't want your kids around someone that owns a firearm or you don't want your kids around someone who sells firearms? Bess: I don't want my children someone who sells firearms. If I wanted them to be around someone who sells firearms I will take them to that store and I don't. I don't want the accessibility to them in the neighborhood to be able to purchase things like that. Hepper: Not coming to his defense because I don't know him or anything but 1 would guess that most of the homeowners in the neighborhood who do have firearms probably don't have a safe that they keep them in. Although he tested that he does and he doesn't have any ammunition so I would guess that he was probably a lot safer than some of your neighbors, that is just a guess. Bess: That is probably actually very true that he may be, but I want to know more about the background checks. Who are you selling them to, are you selling them to some street kid on the street who comes to you and says hey I want this gun. Do you have any tracking of where this gun goes out after this. Do you have any tracking of any records of the guns that you have sold previously. Have they been into any crimes, have they been in any police reports. 1 want to know more background. I don't want to say yes it is okay because you have a safe and you are not selling ammunition. I want to know more details. Bill Eddy, 1908 Lawndale Drive, was sworn by the City Attorney. Eddy: My first question is I thought we were going to table this so he could speak to the neighbors? Rountree: Well, we have the public hearing opened and people have come to testify so it was my judgement to go ahead and get the testimony and the action on the item will be a decision by the Commission. Eddy: I guess our biggest concern is Mr. Combe works or has worked for Intermountain Arms in the past and he has done this for 3 years. Is he going to increase his business is he going to quit Intermountain Arms and open a gun shop in our neighborhood? We need to know what is happening here. We need to know also, so far it has been family and friends, supposedly are we going to increase and sell to general public? I just don't believe we should have a gun shop in our neighborhood. We are all aware of what is going on in the world these days and I think there are proper places for a person to buy and sell a gun and it is not in a neighborhood. 1 would entertain getting together if he Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 13 wishes and go over it. Rountree: Thank you, anyone else wish to testify? Kelly Bess, 1907 Lawndale, was swom by the City Attomey. Bess: Mr. Chairman and Commissioners, I agree with your recommendation to table it and talk with the neighbors to get a better understanding of it of what his intent is. Hopefully. we can some up with some agreeable terms that the Council would also recommend (inaudible) if he was to get the permit that he would stick to those terms. That is pretty much all I have. Sally Norton, 638 Lawndale, was swom by the City Attomey. Norton: I do have 2 teenage sons and I do know where you live, the gentlemen I see him and his wife and his little baby. They seem like a nice couple, but I was concerned when I was told about the notice in the paper that he wants a permit to sell guns. I don't think that is a neighborhood activity. I have a real concern, it was spoken to tonight of why all the sudden he wants a permit to do this if he has been doing it for 3 years. It sounds like it is a requirement for his other permit. Will his business increase, who is he going to be selling to. He is probably through his family and friends by now. How is going to advertise, he said (here is no advertisement in the telephone book but is he planning. on doing more advertisement. I agree with the other neighbors (End of Tape) if the gentleman wants to sell firearms I suggest getting a store and doing that and not in the home. Thank you. Rountree: Anyone else? Alidjani: There were 2 questions that arisen by some testimony. One is the age group, what is the law about age groups, the minors under 21 can they buy a gun? Combe: Rifles and shotguns which is the only thing that I sell is 18 and above, if a person was going to go and get another license for pistols it would be 21 and above. The cost for pistols is just prohibitive, a license to sell pistols. Here again as of this year that new, another license went into affect where you have to have that additional license to sell handguns which I don't have. Alidjani: So, the license you are obtaining just for the record is for rifles and shotguns and not for handguns? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 14 Combe: That is right. Alidjani: The next question I have (inaudible) background (inaudible) I come in there tomorrow and you don't know me (inaudible) Intermountain Arms for many years and I have seen you over there. If I come over there and you don't know me how do you check me out. Combe: As far as doing a bad~ground check on anyone that wants a rifle or shotgun you go ahead and fill out the appropriate federal forms, swear that everything you say is true. I go ahead and file those, as well as keep a log book on everything for the federal firearms log book. As far as a background check there is not one on rifles or handguns, there is one on pistols. Alidjani: So what you are saying (inaudible) you have to (inaudible) buy your gun and you are gone, is that correct? Combe: I do it exactly the same way as Intermountain Arms does. As far as pistols go that is a different procedure, they have a number where they call in and do a background check through the FBI, ATF and they tell you while you are waiting on the phone can that person have a handgun or not. Like I say 1 don't sell handguns so that doesn't concern me. The guns that I sell are just hunting guns, deer and elk and then shot guns, of course pheasant and duck that type of thing. Alidjani: The last question I have here is, how many (inaudible) in inventory 1, 2, 3 or 15 in the house that are for sale (inaudible) to own? Combe: I never inventory things that is, there is a little enough mark up in the price of guns that I couldn't afford to inventory like Intermountain Arms does. No, it is only on a special order basis, someone, maybe they go and look at a gun and say gosh 1 would really like to have that I can save them a few pennies and I make a few pennies. Alidjani: So for resale there is no inventory? Combe: There is never any inventory at my home. Rountree: Anybody else wish to testify? I will Gose the hearing. Hepper: Mr. Chairman, I move that we table this until the applicant has a chance to talk to the neighbors and also the counselor has indicated that possibly this is not an accessory use permit but possibly a conditional use permit in which case that would go to Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 15 the City Council directly and not to Planning and Zoning. So during this time that it is tabled give the applicant time to check with City staff and see if this is the proper procedure or if he needs to be going directly to the City Council with this. Alidjani: I will second the motion. Rountree: It has been moved and seconded to table this item artd to check out the applicability of the accessory use permit, tabled to our next regularly scheduled meeting July 11th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Rountree: Is there someone from the applicant that can testify tonight? Was the applicant notrfied? Interesting we have no information and we have a public hearing. Crookston: You ask if anybody wants to testify and deny or table. Rountree: We have apparently no one here from the applicant to present the item #4, Packard Subdivision? Anybody who wishes to testify on this item? Before you start we have received some letters on this item, one from Mr. and Mrs. Johnson, another letter from Alleman and a letter from Landowners on Wingate and those will be entered into the hearing transcript. Craig Thompson, 2950 Wingate Lane, was sworn by the City Attorney. Thompson: This is the residents of Wingate Lane in Meridian, Idaho. The following issues have been raised by members of Wingate Road Maintenance Fund as concerns that we would like to have considered by this body when reviewing the Packard Subdivision zoning proposal. Wingate Lane has served the residents of the adjoining property since 1920's when an easement was given to the Sharp property. Maintenance and right of way have always functioned for the land owners of those properties. In 1990 Ada County zoning board ruled that the Peterson property should be the last one to be allowed access on the lane for a residence. We oppose any development that would change the status of our rural setting and impact the traffic on our road. We therefore propose that these properties by denied use of our lane other than for the existing homes on Wingate Lane. We would find it less objectionable if the Brown property could be accessed from the west Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 16 and the Borup from the south without crossing Wingate Lane. We would also like to see the lanes privacy insured with fencing and berms to delineate residential from agricultural areas. If the 2 properties connect on Wingate Lane the following issues become concems for lane land owners. Number one the Sharp residence has always had access to Ustick, would this access be maintained? Number 2 if the access to Ustick is maintained for Sharp's what would be the liability of property owners if someone without access rights is involved in an accident while on the lane. How could we control use of the lane if it were left open to the public street. Human nature being that is people would use the short cut for northbound access gravel or no gravel. Number 4 how would we keep subdivisions occupants out of the pastures and ditches. Number 5, how would this development impact irrigation water from the south. Six, does the current plat have access to Ustick, Locust Grove or Eagle Road? How does this fit into the master plan for this area. Number seven we are also concerned that the schools are full in this area. Eight, will these properties require the City to be saddled with another high price sewer lift station? Number nine, what about the high water table of the area? Personal concerns of mine, this is a dead end street right now and what they are trying to do is intersect Wingate Lane and I am a little bit worried about how that will blend in with the community. Having a gravel road versus intersect with paved road. Another concern of mine is the fact that Eagle High School the residents of that subdivision will go to Eagle High School. That is a short cut to go to Ustick and from there they can turn left or right and use Linder or Eagle Road. That would be access by the high school kids. I feel that there should be some kind of a barrier, 1 also feel that the Sharp's should have access to the lane being that they have been there for years. The only thing that 1 can think of to give them access and also provide a barrier so the subdivision cannot have access to this lane would be to put in a gate of some kind that they have now that you can push a button so you don't have to get out of your car and arm it across, but push a button and raise it and lower it. Access to that subdivision will be detrimental to our road, we pay for repairs, we maintain it and we have a budget that we go buy. I know more that access that road our budget will go up. It is a private road and I wouldn't appreciate somebody not living on that street accessing that road. Another thing that I think is in question is I question their business ethics. I feel that, I like to communicate to see what is going on. I feel like they are unapproachable, when they do talk for example they came to my house and told me that I was there illegally. Also, that was Edmonds, at a hearing the last hearing that we had about a month ago, I confronted Sigmund and I just wanted some answers and no answers were given but when my wife spoke he had his daughter here and she called my wife a name which. rhymes with itch and then, I don't know if I can use the proper word. Then when she made another comment his daughter again referred to her as a word that rhymes with grass. I have to wonder what is going on here, what type of people are we dealing with. My wife has never been called that in her Iffe. 1 have never been treated so disrespectful in my life. I wonder being that there are kind of like 2 subdivisions there I think it should be looked Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 17 at to see whether or not one site could be accessed from Locust Grove and the other could be accessed from Fairview if that would be possible th8t way they would not impede upon what we are trying to do in our community. And remember this is residential versus country and we have horses down there, people have horses there is a ditch that runs through. I really worry if they have access to that the kids the problems that could occur with the animals with the ditch and so forth. This gives me great concern. Thank you. Crookston: Mr. Thompson, do you have a copy of what you read that you could submit to the committee? Rountree: It has been submitted. It appears that the applicant is here so they can make their presentation now. Ted Hutchinson, Tealey's Land Surveying, 109 S. 4th Street, Boise, was sworn by the City Attorney. Hutchinson: Thank you Mr. Chairman and members of the Commission, hopefully we will be able to Gear some items up tonight. This is the square mile which is Section 5, T.3N, R.1 E from the Boise Meridian. This square mile includes the sites that we have proposed for annexation and development within this to be known as Packard Subdivision No. 1 which is this one which this Commission has passed onto the City Council and Packard Subdivision No. 2 which is this area up in here. We are asking for annexation of this parcel which was originally well when our clients purchased it, it belonged to the Brown's up in this area and then the Borup's had this, Sigmond and Edmonds under their partnership have purchased all of this and in essence own this 40 acxes plus all of the land that is in this application here. As you can see we are surrounded well not surrounded. but we have great deal of residential development that has occurred in the area. Wingate Place subdivision here which is zoned R-8, Kearney Place Subdivision here also zoned R-8, Chateau Meadows I believe zoned R-8. This is the preliminary plat, I believe the final plat has been recorded for Chamberlain Estates No. 1 which is this one right here I believe it is also zoned Rte. What we are proposing is an R-4 subdivision where the minimum lot in that zone would be 8,000 square feet. We have a mix of lots in this particular area. With connections into Chamberlain Estates at this point we have a stub road and are proposing. a stub road which will cennect eventually through this property to Chamberlain Estates No. 2, connect to the south into the Packard No. 1 subdivision which connects out to Dove Meadows and then onto Fairview Avenue. This subdivision has a stub street that goes into Wingate I believe Wingate No. 2 has also been proposed and was tabled by the Applicant's request at the City Council on Tuesday night but that is I believe moving forward. But it also connects out west to Locust Grove. We are providing for a collector sized stub street to the north in the event that Mr. Alleman ever decides that he is going Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 18 to develop his piece of ground or sell his ground. There is a place for provision for an additional street which would connect the collector class status. to the north to Ustick Road to accommodate the traffic. This subdivision over here is Carol Subdivision, it is currently in Ada County, it is under Ada County jurisdiction and zoned R-1 which is one acre lots. It is a completely developed subdivision and I don't believe there are any vacant lots in that subdivision. They are developed to their full potential. The remaining ground which includes this parcel is under Ada County jurisdiction and is zoned RT which is rural transition and the idea there is that as the City grows out to it then the next step would be to rezone the property to an appropriate zoning classffication to accommodate the growth in accordance with the comprehensive plan of the City or jurisdiction that would have authority over this. It also requires the extension of public services such as sewer and water. We are proposing as this overall development occurs in this subdivision recognize that the City has the proposal to extend the south slough sewer truckline in this area which was also going to service the Chamberlain Estates subdivision. We are hoping that will happen in a timely manner so that we can further extend the sewer and then gravity flow all of this project and remove a proposed temporary lift station which will service just Packard Subdivision No. 1. In talking with your City Engineer that is the only subdivision here that will be serviced by temporary lift station would be Packard No. 1 none of this proposal could be serviced by a lift station. So it will require the provision of gravity flow sewer which would be the south slough. We don't intend to have any other traffic from this development go onto Wingate Lane. We recognize that Wingate Lane is a private street, it is a private road, there is an agreement Alidjani: Excuse me could you show me on the map where it is? Hutchinson: Wingate Lane starts right here, in an agreement that was done in 1913 among the various parties I was just reading that just as the previous gentleman was finishing his testimony. It is an easement that is 15 feet wide and it is on this boundary so that this is the center of the section line that runs right through here. The 15 feet is on the west side of that section line. So that none of these parcels that are on the east side actually are participants in the agreement it is all of the agreement fell to the west side. So that all of the property owners or anybody who would buy the property after them would have access to this 15 foot easement and they actually called it a private road agreement. haven't had a chance to read through this completely to see what the full extent, but anyway Wingate Lane runs right here. It actually stops right here at the center of the section right at the comer so it is 15 feet off of, actually the front part of the Sharp property and front part of the Reichert property and this portion of the Brown property, also would be subject to the 15 foot easement. We intend to dedicate a portion of our easement to public road right of way which would then be paved and constructed to public road standards. Mr. Reichert has been talking with us and he is willing as well to dedicate to Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 19 the right of way that portion that fronts along his property so that we will have a full street with at least down to this intersection and then the Sharp's would have access from their property across the easement on the public right of way. We are going to have to get this worked out as far as preventing whether it be a gate with a key that the Sharp's would have access to would be the only party that would have access to that gate so that they can continue to use the access and the easement that they have the right to. But, it is our intention that the portion of the easement that is on our property we are going to improve and dedicate to the highway district so it will form a continuous street pattern within the area that we don't have any breaks within that. We would have the legal right to dedicate that, we are not going to move the easement we are going to expand our portion of it and dedicate the whole thing to the public with the street improvements. The green areas I have indicated on this are open space areas. I know that the Meridian Comprehensive Plan calls for a park in this section or in this general area. As you are well aware we had a proposal that had a five acre park I believe the Commission received that fairly well and but when we got to the City Council for some reason a park of that size wasn't of interest to the City Council even though we were proposing to maintain it by the homeowners association. So we have reduced the park size down basically between the 3 large green areas that we have here, it is little over an acre and a half open area. As well as the street tree program and the landscape program that we are starting in Packard 1 will also continue and be incorporated as part of the covenants and design scheme for Packard No. 2 so that there will be street trees and green areas with additional landscape easements in the front yards for each of these dwellings. We are trying to develop a very nice residential neighborhood here this is not starter homes but the middle portion of the market where the house ranges will be 1400 square feet or up. So that establishes a pretty good size, but I think the major issues that have been raised have been access to Wingate Lane. We had no intention of providing or in any way making an attempt to make it convenient for the people in this particular development to use Wingate Lane. We recognize there are a lot of things that have to be done in order for this to fall together. One of them would be the completion of the access to Dove Meadows. We have been speaking with Mr. Leader concerning what his intention is as far as whether or not he is going to resurrect Dove Meadows No. 2. Regardless of whether he does that we will have to have that street so we will work with him to get this dedicated to the Highway district and then we will construct so that we have the access that would lead out to Fairview Avenue. Once Packard 1 subdivision is complete or approved then we will also have an access that will get us out to Locust Grove, traffic could then flow that way. When Chamberlain Estates goes in then there would be additional accesses to Locust Grove Road. Again if Mr. Alleman ever decides he wants to self or develop then we have provisions for additional accesses particularly of collector status out to Ustick Road. We have provided for larger lot development against the Carof Subdivision. And the Carol Subdivision as I have indicated is R-1 which is acre Tots it is fully developed there would Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 20 be no resubdivision of Carol. It would be impossible without going through and tearing out a great deal of improvements that have already been made, and there are some very nice homes in there. So we are providing deeper lots with an additional setback against Carol. That provides a transition from that large lot estate size residential to the higher density R-8 which surrounds us on the west side. We didn't provide that same buffer for the other tracts with the exception of (inaudible) some very deep lots up in here, some larger lots the way this thing laid out it just required. If you look at the rest of these lots and the way the area is developing and probably should and ultimately will develop, the agricultural uses that are there you don't have a viable farm, the ground just isn't big enough to really produce, to make a family a living. So they would have to be supplemented by other activities 5 acres by state law is classified a farm but more hobby farm or gentleman farming type activities. Enough for a pasture and a couple of horses, but I don't know that you would realty be able to make a living farming that small of a piece of ground. So the ultimate development pattern is going to be toward urban sized lots, now whether that is going to be 8,000 square foot lots as we have proposed, 8,000 and up in the R-4 zone or whether it is going to be down to 6,000 or 7,000 square foot lots as in the R-8 zone. That is basically going to be up to whomever develops but even though the property owners who are there now they know we are not going to develop, things change and change rapidly as we all know. I can't see that this would develop, particularly these sites here or any of these up in here or here developing at R1 it is just not the highest and best use. The highest use that those will come out will be single family residential on urban sized lots. Particularly when you have to pay the cost of sewer it is just economically infeasible to sewer acre lots because the amount is usually based upon a street frontage and the street frontage on an acre lot runs the sewer prices and becomes cost prohibitive to even consider doing sewered one acre lots. So, if you look seriously at the development probability on this ground that ground that is between Carol's and Locust Grove Road is going to be urban, it is going to be R-8 and R-4 sized lots. The current trend of R-4 it will be a buffer between R-8 and the larger Carol Subdivision. So that is why we have not treated these parcels over here. In fact one of our original proposals which we couldn't quite put together included Mr. Reichert's piece which is the 5 acres in here. We had a street stubbed in and actually had it laid out I believe you have probably seen that particular development proposal. Mr. Reichert wanted to hold off a little bit and see basically how things would tum out so we have excluded that but we still give him the option to Mme in and pickup that same development pattern and just plug it right in here and it would just fit right in with the rest of the proposed development. We recognize that the sewer is an issue in this particular development pattern. Part of it is going to depend upon how quickly Chamberlain Estates comes in with theirs. We know that because of the lift station requirements that we can't go beyond Packard No. 1 that gravity sewer is going to be required for Packard No. 2. We are hoping to get that worked out but again time will tell and part of it is going to be how quickly Mr. Howell proceeds with his developments in Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 21 Chamberlain, particularly Chamberlain No. 2. It will combine or add for the opportunity of continuation of public streets and the additional routes through this particular development. We have also provided as you are aware in Packard No. 1 a stub street to the east, however this particular corner develops and this is probably the most prime commercial property that is just waiting for something to happen probably for the State to finish whatever they are going to do on Eagie Road. That appears to be a prime commercial corner and whether or not up in here would go in my estimation it would probably go residential for portions. of it including I believe this portion up here you would see residential and then the commercial I think this is a logical expansion of the City of Meridian, we are not shoestringing an annexation request. We are contiguous to the City limits right now. The city limit boundaries are right here and here. So we are contiguous to the City and it is not like we are asking to stretch the city limits out to where (inaudible). Alidjani: Is that portion (inaudible) phase one is going to be? Hutchinson: This up here is Chamberlain it is already annexed so this is the City limits boundary right here. Alidjani: Is that phase one? Hutchinson: Of ours, Alidjani: Which end are you going to start developing and put in roads? Hutchinson: Because we are tied to roads and sewer to the extension of the sewer we would have to start on the north and work south. And the sooner this goes in the sooner the lift station goes away down here. Which is to everyone's benefit including the developers to have that lift station removed and to put the whole thing on gravity sewer. It just makes more sense. Alidjani: What is that big large lot? Hutchinson: The Brown's house, the existing farmhouse is sitting right here. The developers have had people that wanted to buy it but they wanted to buy it in a shape that is going to allow them to keep the corals and barns that are existing. So we have a very large lot here but it is just to keep intact that existing farmstead and that is because the people that have looked at in fact I think they have a buyer for it right now. Alidjani: So later on the only entrance would they have is through the culdesac? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 22 Hutchinson: For this one, yes, this parcel would go out the culdesac, but it is not laid out for, it wouldn't really be conducive for this lot to resutxiivide given this street configuration. Those buyers and one of the things it is hinging on is getting annexed so that we can do the one time split on the parcel. Then they would also come in as part of the annexation or the subdivision and sign the plat. They have to recognize that they have to participate in the annexation or the subdivision platting process. But that is the reason for this large lot right here though it is to keep that farmstead intact. As part of the requirements the City of Meridian is asking that we determine the seasonal high ground water for this particular area. We had test holes dug 1 believe it was last week or the week before. There is some hard pan out there that is about a foot or foot and a half so that kind of prevents the irrigation waters from seeping down so f think that has probably been the cause of some of the flooding that has been reported in this area because there has been some hard pan. I think it is more associated with the flood irrigating than with seasonal high ground water. Once they broke through the hard pan and got down the average depth to water level was 12 to 13 feet below the surtace. We will provide that information and those results to the City Engineer. Not everyplace had this cemented hard pan, but those locations where it did show up it was about a foot to a foot and a half down. In summary it just makes logical sense to expand your City limits adjacent to the existing city limits and we are not asking that you make a far reach to take in some additional ground. We have a pretty good proposal here we worked this one over many times just to get to this point. Recognizing that your comp plan says that there should be a park in the area that is a tough one I don't know how to, I know the City of Meridian doesn't have a parks department to be able to go out and acquire park ground. So it is a provision of private land within the development seems to be the way that it is being handled but I don't know how you ultimately get a regional public park in the area. Like I say we did have the original proposal that had the 5 acre park in it. When we got to City Council it just didn't seem that is what they were looking for at the time. We recognize that there are some issues that have to be addressed including the access issues, we don't think we are premature on this, we think that if it is recognizing that there are certain things that are going to have to be done in order for this to develop, we just want to have everything in place that we can proceed with a quality development. Are there any questions from the Commission? Alidjani: Have you seen Shari's comments? Hutchinson: Yes, I got those about 20 to 5:t~ today. Alidjani: Have you had a chance to look at them? Hutchinson: We did, if there are any particular questions I tried to address some of them in my comments tonight. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 23 Alidjani: There is one of them that I have a concem about is number 7. Hutchinson: Number 7, yes the access as I have indicated and she brings up the Dove Meadows No. 2 has expired. We are working to gain this access here. Mr. Leader, this street Hickory Way here has no other place to go other than as it is proposed into the Packard Subdivision No. 1, we know to make this we have got to get this ground dedicated and we will construct this connection so that there will be at a minimum that one as well as the stubs that are coming out into approved subdivisions. Alidjani: How about the concern that our City Engineer's Assistant Bruce Freckleton. Hutchinson: On the water, I was here Tuesday night when Gary Smith the Ciry Engineer made some comments to the City. We are anxiously awaiting the results of their test on the water system. We are hoping it is like he said just a scheduling or telemetry problem and not source. I don't know if he has had an opportunity to look at the data on the water. Alidjani: But you have seen his comments? Hutchinson: Yes Hepper: Is the sewer on the north side does that cross Mr. Alleman's property or does it go down the south slough? Hutchinson: The way this is set up it was designed so the sewer would cross Mr. Alleman's property at this point, when we drew this we had 1 believe Mr. Edmonds had talked to Mr. Alleman at length and it was Mr. Edmonds understanding that Mr. Alleman would agree to that whether he has changed his mind since that time I don't know. If all else I believe there is an easement right of way which would run along the south slough which would be a United States Government right of way. We may be able to negotiate into that right of way if necessary to extend it through there rather than straight across Mr. Alleman's property. It would benefit Mr. Alleman if he decided to develop this because there would be a natural place for the street as well as a natural place for extension of sewer into his property. Again, I don't know if he has changed his mind at this point or not. But this was drawn having in mind just a verbal discussion between Mr. Edmonds and Mr. Alleman. Hepper: With that I guess a question for Gary Smith, would that sewer line if it crossed in an open field would that require an all weather surface? Smith: Yes, Commissioner Hepper we have been requesting that across open ground so Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 24 we can get to the sewer. I noticed Mr. Alleman sent a letter in that he requested that a road not be installed. Hepper: So we may have an issue there that needs to be resolved. Smith: We have an issue that needs to be resolved correct. Hepper: Shari Stiles mentioned perimeter fencing and do you have any problems with any of that? Hutchinson: No it is their intention to provide the fencing, not only does it provide for privacy but it also provides a buffer (inaudible). Hepper: You also said that there are increased setbacks on some of the larger lots how much of a setback is that increased? Hutchinson: We were, minimum of a 35 foot setback on the rear property lines against those properties that were next to Carol Subdivision. That was the same thing that was proposed down in Packard 1. Hepper: In Packard 1 there was a question about density and I think there was a piece of paper somewhere that mentioned the size of the lots, a certain percentage of the lots were 8,000 and 10,000. Hutchinson: It is on the face of the preliminary plat. Hepper: I was just wondering if you could read that real quick with the percentage of the lot sizes were. Hutchinson: We had 19°k were above 15,000 square feet. 33°~ were from 10,000 to 15,000 square and then 48% were from 10,000 to 8,000 square feet. Rountree: Any additional questions? Anyone wish to testify at this point? Mark Peterson, 2700 Wingate, was sworn by the City Attorney. Peterson: My concerns right now are somewhat with the infrastructure that needs to be in place before this amount of density of new housing goes in there. They are talking about access to the different streets, of course every morning 1 go out Eagle Road and if you have ever been during either rush hour right now we are almost backed up a full mile Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 25 during the morning and evening rush hour you are talking about adding I don't know how many thousand new homes in the entire area. I don't know whether or not their proposals have the proper number of accesses into all of the subdivisions. Also, the irrigation concerns me, right now we are adjacent to the Borup's property and the irrigation comes across on the high ground right there which accesses our property on the high ground which allows us to irrigate the entire property. If they try and the that and put it way below surface so they can put the subdivision in there is that going to affect our irrigation which then flows down to our neighbors irrigation. The sewer I didn't bring my X-ray vision so I couldn't see through the card here through the back. To access the second subdivision the sewer coming down through the slough has to go I believe through my neighbors property and then through the back of my property. I don't know that they have easement or access right now to that to access the second property to be able to get rid of the lift station. So that concerns me. The schools you already know were overcrowded on the schools for this much density. The access on the road and of course I am against the subdivision having access to our private road and affecting the way we maintain that. Those are my major concerns right now. Thanks. Hepper: Could you show us where your property is on that plat? Peterson: {Inaudible) Hutchinson: For record this is Sharp's, this is Reichert's, Peterson's, Dauvin's, Robert's, Alleman owns this. Peterson: This is the slough? Hutchinson: Yes Peterson: Now to get access for this for sewer you have to come (inaudible) Hutchinson: (inaudible) Hepper: Once the roads are in the sewer would be brought down the road right of ways is that correct? Rountree: Anyone else wish to testify? Vern Alleman, 2101 East Ustick, was sworn by the City Attorney. Alleman: I guess, you each have a copy of the letter that t presented and 1 can go over Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 26 that I don't know as it is necessary in regards and I don't know as it pertains to this particularly. But in regards to this property and the one time split, the one time split if it is what I am thinking they are thinking of has already been done on this property. When my brother (End of Tape) so how it affects what they are doing I don't know. t guess t am open to any questions you might have concerning my letter. Hepper: Would you like to address the sewer easement through your property if that becomes necessary for this project to be viable would you be willing to do that. Is that something you are against? Alleman: Well, I have stated there are certain conditions that have to be met in order for them to cross my property. Of course that is that there would be no roadways across it. I can read here what I said, I am concerned about the sewer which will need to cross our property. The location of the sewer is very important it must be located so that it will properly serve our property if need be in the future. This requires engineering and planning and legal documents. The timing of construction and method must be done to conform to my farming operation. Upon completion it must be put back in shape for present farming without manholes and so forth. There is proposed street exiting the proposed subdivision on the west and entering our property on the east. There must not be any streets across our property for traffic or for sewer servicing until such time as our property is developed. As 1 stated we have owned this land for 25 years on the north and west side of Packard No. 2. I am presently farm this and additional land, I farm the Brown until this year and we have 2 sons who are involved in various farming activities with us. It is my intention to continue to operate as we do now. Because of the development around us it is important to be involved in the planning process. It is in the context that I make reference to the developing of the property. And if you so desire I can read the rest of it but you have it. I would be, I would hope that they could have enough area for sewer servicing without putting a road and obstacles in my property for sewer. Is there any questions? Rountree: Thank you, anyone else wish to testify? Albert Dauvin, 2820 Wingate Lane, was sworn by the City Attorney. Dauvin: I kind of live kitty comer from the Brown property there. We live in a 3,000 square foot brick home. It is very nicely landscaped. I probably have a deck bigger than the homes that they are planning on building behind my house. It is an insult to my integrity to say that they are going to put a 30 foot buffer zone around John Barnes, and Miller's house and Johnson's house that sits on this Council and they do not consider me or the Peterson's in this thing. I think the buffer zone needs to go around the larger lots just as Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 27 well as it does the smaller ones. Peterson's have just built their house their they are not planning on moving. We have lived there for nine years we are not planning on moving. I am a businessman here in this community. I can't see where they are coming off saying we are putting a buffer around Carol Subdivision and they come down there and they are treating us like we are some kind of old farmers or something or yokel-dokles it is just it is beyond me to what they think they are dealing with here. They have insulted everyone of the neighbors and done stuff that is just not right. I think maybe they need to go back and realize we are human beings and they need to come and talk to us before this thing ever goes any further. They need to have a buffer zone there they need to have, you have animals we raise horses, we have a cult or 2 a year. You get little kids in there with the colt and a mean mare and the kid gets between them what do you think is going to happen? That mare is going to kick the tar out of that kid. How can we, when we work or are away from home how can we be responsible for these kids. We have it right now with the kids in Carol Subdivision, they come down the slough, we own the land that the slough comes through and they come down through there right now and you can't control it. Alidjani: Would you show us your house? Dauvin: (Inaudible) Alidjani: So then really the southwest corner of your property and their property is abutting? Dauvin: (Inaudible) If you are going to have a buffer zone it should be around everybody's property, it shouldn't be around just a slick few. I guess is what I am trying to say, everybody should be treated equal, not some better than others. So that buffer zone it should be in place for everybody because I don't think anybody is intending on living or moving right away or dying in here. You buy a house to stay there for a while you don't buy it to sell. We are perfectly happy right there. I think that is basically all I have to say besides the sewer line as to go through my property sooner or later in years to come and I am not anti-growth don't get me wrong, it is just the idea the way it was approached. I told the gentlemen when this first came up that they could I would tell the neighbors and we would have a meeting in our front room and that never came about. So, it was never handled responsibly. Hepper: Are you just to the north of Peterson's property, is that yours, where the slough goes through? Dauvin: (Inaudible) That is all I have to say. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 28 Rountree: Anyone else wish to testify? Roberta Thompson, 2950 Wingate, was sworn by the City Attorney. Thompson: Of course my concerns are similar to Craig's and he just stated them earlier in the letter he read. I have a couple more concerns that come up, 1 might need to show you where our property is. (Inaudible) Our title insurance makes us understand that we own the property that the slough runs through, the government owns the water. So that is a little bit of a problem as far as getting access to that area where the slough runs through without our permission. As far as negotiations it is probably not acceptable because then it would take some of our property to be able to have access to that sewer and maintain it and whatever. Another concern I have is a question for Mr. Crookston is what constitutes a private road and how can, is that a tough one? Except for the fact that apparently a private road is owned and maintained by the people who use the road. If in fact the easement statement that the gentleman made earlier is correct we could not find that information, we went to the courthouse and tried to find it and could not find it. So I will need to see his documentation to see what that is. 1 am just wondering at what point can someone on a private lane designate that area to be public and use for public access. I am under the understanding it cannot be done by any person along the road it has to be done by everyone in order to designate it as a public use in any section of it. If in fact which Mr. Sigmond indicated to us earlier in another after another meeting that they would not impact Wingate Lane at all. They would just put their subdivision in and go along with their business. Well, it does impact us simply by the fact of how it does cross Wingate and leaves that open for access by the subdivision. We don't' want to be laborious on this issues but it is very important that you folks understand our problem with the fact that there would be an access there. Not only the agricx~ttural meeting with the urban but also where Wingate intersects with Ustick is halfway between the mile of Eagle and Locust Grove. There is an immense amount of traffic already. It is a small access so very hard to get out into that road without some kind of a problem as far as seeing who is coming and who is going. If it is children, teenagers going to school there are going to be many accidents there with the more use. It is a single lane and we are able to use it because it is light use, we have an area where we move over and people come in. I don't think that would happen with someone that was late for school and trying to get there swiftly. Still concerned about the R1 and the R~ where there is a (inaudible) acre properties there on Wingate Lane and having R-4 next to it. I am wondering about the property values and that type of question a little bit. We are not opposed, 1 can speak for myseff I am not opposed to the growth, I think growth is good if it is done correctly and if it is done without encroachment on people that are existing there and having their life there already. So, if these considerations are made I was a little concerned with the statement made about being aware of the problem and to be aware of a problem and actually say what you are going Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 29 to do to fix it to me are 2 different things. So, we would really like to know what there intentions are to solve this problem that we feel like we have with that spot on Wingate Lane. If there is anyway possible to be able to communicate with them on this at this point we would appreciate that. That is all. Rountree: Thank you, anyone else wish to testify? Helen Sharp, 2445 Wingate Lane, was sworn by the City Attorney. Sharp: I think a couple things that need to be reiterated is we have heard repeatedly about the comprehensive plan and this does not go outside the guidelines of that. However, in looking at the comprehensive plan there are certain guidelines and those of course being sewer. I think for a developer to ask this council or anybody to take on an expensive lift station so they can have what they want at the expense of others is not being very fair to those of us who will have to pick up the load for that. We hear a lot or hear quite a bit about they are going to work with us. I have yet to hear a developer say let's try to divide the Brown and Borup's subdivisions so we don't have to cross Wingate Lane. This right now is a big thorn for those of us who live on that private lane and of course we are at the very end of the lane. With the argument we will talk and work with the Sharp's or the Reichert's or whoever has to cross that, can you imagine a gate and every time you wanted to go down that lane you had to use, and what if someone came to see you in the middle of the night? Who is going to maintain the gate, I am sure if I can't get it open they are going to love to come with an oil can to make sure we can swing that gate. I don't think these things are really thoroughly thought through. If he is really sincere the owners and developers that they want to develop this and 1 don't know the highway department says they have to have 2 accesses in and out they would design it so they could go without going over Wingate Lane over a private lane. We have a really unique situation here in that it is a private lane and they want to put a public across it. So 1 think that really needs to be addressed. I think that when you talk about talking to each other and I admired the man that was here before who said rather than cause a problem with the people he would withdraw his permit. I have never heard a developer say that we will walk and talk and work with you so that we all have what we want. It is I want, we want the developer and unfortunately they get what they want. Of course they talked about the schools, we know someone who tried to buy some of that property on Wingate Lane and we know they can't go to the schools they are going to be bussed over to Meridian schools which is quite a ways away. Of course here again is another expense for us (inaudible) bussing these children clear across town because they can't go to Chief Joseph which is practically a stone's throw away. We have also heard, 1 didn't tonight but we have heard about the broadening of the tax base and we know that is true, it broadens it (inaudible) feature for us why are we suffering so with our schools and the things that the taxes Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 30 provide. I wanted to, the thing that comes foremost to my mind, we have lived on the lane (inaudible) and granted for so that the original owner could get to it. What (inaudible) after us (inaudible) our choice which is to live out in the rural area where. we have a graveled dirt lane that we maintain. I think that we need to be considered as well as those people. Of course I realize that we talked about the water and we talked about the high water table and it is a serious factor. We have just a small cellar under our house and we have to (inaudible) is high. These are things that really need to be considered. I would like to ask you very sincerely to consider our issues too. Maybe off the record, how many people are usually on this council? Alidjani: Why should it be off the record? Sharp: I notice that we haven't got the usual number of people. (Inaudible) Sharp: Can you act on it without your other people? Rountree: Yes, we have a quorum. Sharp: Well, that makes it interesting. Anyway, I am opposed to it until they redesign it so they don't have to cross Wingate Lane. Rountree: Thank you, anyone else wish to testify? Billy Jo Premoe, 3045 Wingate Lane, was sworn by the City Attorney. Premoe: I would also just like to address our concern as members of Wingate Lane Users, as I understand our property which is near Ustick on the northern end of the lane was the original land owner and was the property that gave the access to the Sharp property and established the original use the easement through this property. My concern is that these people have bought these properties knowing that there was no access and that they would be having to infringe upon what has been a long standing private area. Now they expect everyone to bow to meet their needs to find a way to make it work for them. Those of us who bought through the years purchased our land because we like the type of area it was that is was private and took upon the responsibility of a private lane and maintain it so we could have the quality of life we want so we can have the rural environment. We just don't feel that this property has the right to go across what has been a longstanding private lane and infringe upon the rights of the Sharp's and the rest of us who have been maintaining this property. I would like to go on record as saying 1 oppose it. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 31 Rountree: Anyone else wish to testify? Dale Sharp, 2445 Wingate Lane, was sworn by the City Attorney. Sharp: I also oppose this subdivision, it has kind of been piece meal planning from the start and we are getting all of this stuff at a here and there. You don't know what is going on half the time. As far as going ahead with the subdivision and approving any annexation or approval of these subdivisions that these services should be available before it ever goes and approved by City Council so they can proceed with the subdivision. They don't have access, sewer. They are saying that we should pick up the lift station so that they can profit from it. As far as I think that the people on Wingate Lane should have the same treatment as far as buffering as Carol Subdivision. Carol Subdivision is getting preferential treatment. We have 5 acres, our neighbors, Reicherts have 5 acres and on down the way they probably have the larger acreage than Carol Subdivision. As far as I am concerned and others that this is preferential treatment because they are backing up those small lots right in front of our property. I am opposed to that, as far as access to Wingate Lane that is a private lane and it has been for as long as I have been there and I have a document that says it was 1913. As far as those people accessing it and I am sure that what they would like to do if this is approved these subdivisions is bring their construction equipment down through there. What about the traffic that is (inaudible) going to come right down Wingate Lane. So, I think that before anything is ever approved these services should be available. Our schools can't handle it, our water pressure, my neighbor right south in a subdivision said they have a trickle and that is in the city right now. We have irrigation laterals there that certainly has to be addressed to the one that goes down my property to the west and one goes to the north and to service all of those people down there. So there is lots of things that should be addressed before it is ever approved. Rountree: Thank you, anyone else? Floyd Reichert, 2575 Wingate Lane, was sworn by the City Attorney. Reichert: I have some concerns about it, also. I understand from the conversation tonight that the perimeter of it would be fenced, the irrigation water that we get comes out of the lateral out there that it comes out it is over on the oki Borup property and Kirkpatrick's and comes across and comes down Dale's I would recommend that from the lateral on if they are going to the it they should the the whole ditch so if they go into a pressurized system so that it is synchronized rather than have it partly buried and then have it open and go to another pressurized system. I have spoke with the developer, if this development goes in I agree to grant him dedication acxoss the front of my place to make the flow of that traffic a little easier which he would come on join onto Wingate and go a little bit further and go Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 32 through so the flow of traffic from the south to the north through the west would be more feasible and would be a more accessible road through there. We had started like I say with my property to include it into moose but I have some personal tax problems that at this time it would not be convenient for me. The road that abuts me on the north like I say would be adequate if there is any future development of my property and Sharp's that sewer would be enough to carry it to the north. 1 would speak in favor of the annexation. Rountree: Anyone else? Ted do you want to come up and address some of the questions. Hutchinson: For the record the recorded document with the reference to Wingate Lane is found in Book 6, page 253 of the contrails and agreements on record at the Ada County Recorders Office, we will provide a copy. It is a little hard to read but it was granted in 1913 and there are several people involved including Cynthia Aldridge, Fred Ames, Harry Yost, C.K Van Auker, I believe it is L.A. Lewison, and H.A. and I can't quite read that last name being the owners of several trails of land constituting and bordering on the east line of the east half of the northwest 1/4 of Section 5, T.3N, R.1 E of the Boise Meridian being described for opening and maintenance a private road along said line beginning a the public highway forming the north line of Section 5 and running south along the said east line of the east half of the northwest 1/4 said Section 5, being the half section line to the southeast corner of the northwest comer of said section line. Said road to be 15 feet in width. Now therefore we the undersigned do here by agree to and with each other and bind ourselves and our successors as owners of the several tracts abutting the said half section line that we will open and maintain a private road 15 feet in width. The half section line constituting the east line of the said road. That the road will be for the use of all the owners or the said trails with equal rights as to use of the same that it has bee witnessed b those particular owners. That is the document that I have given you. It is a little difficult to read I think partly because of the age of the document. That did (inaudible) property owners the developers of this property have taken title the ground, they are owners they own a portion of that particular easement that is referred to in this document. It is their intention to develop only that portion and improve that portion that lies within their property. As far as cutting off that access there are several options one would be to put in a gate as I have suggested earlier. It is not out of the question and it is not an impossibility that the balance that is not improved as public right of way could actually be dedicated to the highway district and the developer could let them do with it what they desire. But I think because you read that document you will find that the dedication of the easement was west of the center section line for 15 feet so that in essence cut everybody on the east off so I don't know how those people have gained access to Wingate. But we don't want to affect the traffic that uses Wingate lane. Obviously we are going to affect those properties that belong to the Sharp's and Reichert's because the development Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 33 basically surrounds their properties. We won't affect that portion that is not on our property they will have complete access through that portion of the development and part of it on a public street. If they want to continue to use an unimproved gravel road rather than to take a public street out of their property they have that and we will continue to provide for that particular access. I am not sure what questions that you might have that I can answer that have been raised by those people who have testified. Alidjani: What is your tentative time that you think that Chamberlain will go through the street and you will have access to sewer and water? Any rough idea at all? Hutchinson: I believe that they, the time frame that I have heard has been about 2 to 3 years before Chamberlain is built out to that extent. Again it is part of it is market driven, rf the market stays like it has been of course we have had a bit of a slow down but 1 think that we are still seeing some growth it is not the rapid rate that we had before. Alidjani: So would it be correct to say if their project does not go through you do not have a sewer line to your project? Hutchinson: That would be correct, we wouldn't have a sewer line to the north to Packard No. 2, Packard No. 1 is going to connect to existing sewer in Dove Meadows. Alidjani: May I interrupt you, didn't you also say that Bove Meadows at the present time do have some problem and the connection of a stub street is not going to happen for awhile? Hutchinson: Dove Meadows No. 2 the preliminary plat approval for that subdivision has expired. Mr. Leader is checking his options to decide whether or not he is going to go ahead. We are going to have to make that connection make the street connection and that would also include the sewer connection on Hickory so that, whether Dove Meadows No. 2 goes through or not we will acquire the ground for dedication of the public right of way and construct the street. Alidjani: Maybe I am missing something, how could you do that if that doesn't belong to Dove Meadows No. 2 and you don't have control of it? Hutchinson: Welt Mr. Leader is witting to work with us to make that provision. Alidjani: So I guess what you are saying you are going to talk to the original owner then you would do some kind of easement. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 34 Hutchinson: Actually it would be a public dedication of a right of way so that there would be public road right of way fully improved to public street standards. In fact it would be a collector status street 60 feet wide with curb, gutter and sidewalk. So Hickory will be a continuous street from Fairview up through Packard No. 1. That would be the provision of the sewer for Packard no. 1 and we worked out, we have been in contact with the City Engineer about provision of a lift station and it is our understanding and that the lift station would not be able to serve beyond Packard Subdivision No. 1. So the development of Packard No. 2 would be contingent upon provision of gravity sewer through the south slough. I don't know if that helped clarify that or not for you. With regard to the lift station, I believe the developers will tell you that in the covenants there is going to be an additional assessment that will be charged to the lot owners on a monthly basis will be collected to help offset the cost of the maintenance of that lift station so that it is not entirely borne by the City but it would be by the users. Hepper: I have a question, one of the concerns was why Wingate Lane couldn't remain as it is with a subdivision, part of Packard No. 2 accessing from Locust Grove and the other part accessing from Fairview, could you address why that wouldn't be feasible from your stand point? Hutchinson: I don't think it makes good traffic planning sense to make that kind of division. The highway district is looking for a collector status street in this particular area. They would love to get Wingate Lane but they know the problems there so they are not about to push to get Wingate Lane as a collector street. So they would like to have a collector status street somewhere in that immediate vicinity. We are providing a stub that will eventually provide that collector status street to Ustidc in the event that Mr. Alleman decides that it is more profitable to subdivide then to farm. But as far as having one then the other we are providing a continuity of the existing street pattern and the street system it makes more traffic sense to provide that then to in essence you would end up with a dead end that is more than half a mile from Fairview and a dead end more than half a mile from Locust Grove and that just doesn't make good traffic sense. Hepper: Have we got comments from Ada County Highway District that would pertain to that? I don't think in my packet that (inaudible). Hutchinson: No, the highway district has asked for a traffic study on this and there was originally a traffic study prepared for Packard No. 1. When we submitted Packard No. 2 they wanted that traffic study updated to inGude the information. That traffic study is being completed now by Dobey Engineering. As soon as that traffic study is completed a copy will be forwarded to the City of Meridian and also to the highway district. They will make their formal comments once they have that traffic study. We took this proposal to the Meridian Planning & Zoning Commission Special. Meeting June 22, 1995 Page 35 highway district from the beginning, we have talked to City staff, we have talked to Shari about this proposal, and she identified many of the issues that have arisen here. We talked to the highway district and that is where the issue of the collector streets and the number of stubs and how the street pattern is laid out in this particular development and based upon the comments that we received from Ada County Highway District. They are holding their official comments until they get that updated traffic study but that would be forthcoming very shortly. Hepper: Are they going to have a public hearing on that do you know? Hutchinson: They take care of it at their regular public hearings but I don't know that they publish the specifics like your notification for this particular public hearing consider this item I don't know how the highway district operates on that on their agenda. But again the street patterns has been based upon interviews from the highway district. Rountree: There were a couple of issues that I heard and 1 don't know if it is a matter of clarity or what, would you point out not only for us but for the audience the routing of the sewer. Several people testified it would have to come through their property and that is not my understanding. Hutchinson: The sewer would come from the west through Chamberlain Estates in here. I am not sure exactly where you have that planned as far as servicing Chamberlain, but it is my understanding that within we are hoping to have this provision across Mr. Alleman's ground here and once it got to this intersection which would be right here then it would extend south so that it would pick up not only all of Packard but it would pick up Packard No. 1 and provide for extension further to the west. However, I don't know how the city would want to, if they are looking at further extending it on the south slough or whether they would want it to go out somewhere else. I don't know that you have really identified that have you? Rountree: For purpose of your proposal it would (inaudible) south in (inaudible). Hutchinson: The only place it would cross Wingate Lane would be in this improved public road section in here. That is down here that is south of Peterson's in the public road right of way and then come over this way. It would be in the public road in front of Reichert's and then in the public road down so that we could eventually remove that lift station that will service this one and then all gravity flow to the northwest. Rountree: There also seems to be some folks concerned about the use of the Wingate (inaudible) at the Reichert property you have also indicated that there would be no access Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 36 provided for the (inaudible) and you propose to mechanically gate that or design that into the project so only those folks will have the easement use of that (inaudible). Hutchinson: Right, anyone south of this point and that would only be the two the Reichert property and Sharp property anything south of this point would be the only users. It is designed so that the public street is more convenient than this very narrow dirt road. This would be designed to discourage the use of this road. In fact (inaudible) if it takes a gate with the Sharp's having a key than that is what it would be. The visitors would use the public road right of way to get down to this point where they would enter the easement which would then go the Sharp's. The question of using Wingate Lane as a visitor when there is a public street access. Rountree: (Inaudible) Anybody else? Alidjani: I guess the whole complaint or problem is when the dedicated road goes across Wingate Lane at that point. Hutchinson: Yes, this section and it actually would go from about this point which is at this intersection because Mr. Reichert has indicated that he would be willing to allow the improvement of his ground dedication for public road improvement so it would be to this point then, this would be public right of way and they are concerned that rather than stay on a public street that they would want to go over curb, gutter or vertical curb or try to go through a gate or whatever. The concern is traffic will want to naturally go up this road. It makes more sense for the convenience of using a paved public road as opposed to a one lane dirt road, it just makes more sense the traffic will use the higher speed paved road. Alidjani: Thank you Hutchinson: I guess in final comment right now there is a bit of a rural flavor to it and we recognize that, the city limits is coming out to them, in fact the city limits is to them now. I don't know if Sharp's commented when Kearney Place went in or when this phase of Chateau Meadows went in, those are smaller lots than we are proposing. anywhere in our subdivision. The urban development is there, this is just a logical extension of your own city limits and your own street patterns. (Inaudible) Rountree: You need to come up and ask the question. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 37 Peterson: You stated earlier Rountree: You need to address the question to the Commission. Peterson: He stated earlier that the easement for Wingate Lane was on the west side of the section line and you were saying you were going to maintain access on Wingate Lane but it seems to indicate here that their property is coming all the way over to the section line which would be the bads of all of this property is using up Wingate Lane. So is it going to stay intact on the bads of this property which this is my property here. If Wingate Lane lines up with this road right here we are going to be cutting all of these lots by a 1 /3 down this section. This is Wingate Lane here and it doesn't really show it well and I don't know what is going to happen here. Hutchinson: The base map which has the colors on it with the exception of these black and white ones were prepared by Ada County GIS using the assessors records. They have drawn on here what they have as of record and this thin red line that runs here these 2 -ines are Wingate Lane. Now when it gets down to this point at this scale of map it is a little difficult, 15 feet on a 200 scale map gets, the lines themselves can be wider than 15 feet. So when you are dealing on this scale it is our intention that those properties will be fenced against access to Wingate Lane. The easement is there we cannot cut off the easement, they have the legal right to the access to that easement. We recognize that we are not trying to interfere with their access (End of Tape) and will still exist once this development is completed. Rountree: So you are stating that you would physically cut the access off to those lots in your development that presently would have access? Hutchinson: Right, those lots will not have any access to Wingate Lane, in fact not only the covenants would prohibit it but 1 believe there would be notes on the plat prohibiting access to it. Only those people who have access which would be the Sharp's, the Reichert's and I believe Robert's and anybody on the west side of that section line according to this document have access to that particular easement. But because it is there we will recognize that easement, we will not interfere with their use of the easement. Crookston: What kind of a document are you going to have that is going to evidence that the property that the lot owners in the subdivision would not have access to Wingate Lane? Hutchinson: That would be included in the covenants for this subdivision and if the City Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 38 would prefer we can also include it as a note on the plat that there is no access from any of the lots within this development to the Wingate Lane easement. Sharp: Here again we are getting conflicting stories, I talked to the engineer for the department of highway and he says they don't care one thing for Wingate Lane and he is telling us they want to kind of get their hands on it so they can have another access through there. I think what I am asking is for the City Attorney or some attorney to really fine read that document. Of course when that was written in 1913 people were a little bit more honest and maybe intent is a factor there. Was that road intended only for access for those. He said his people in the subdivision won't have access to it, if that is the case why bother to cross Wingate Lane except to annoy us. Like you said, he said it isn't feasible or to go along with the flow of the traffic to design it so it doesn't cross Wingate lane why does a drawing in fact submitted or is that they are talking about economic feasibility which should not be a factor in any decision except for those that are developing it certainly shouldn't be for this board or the City Council. And going along with the City Council we were at the meeting Tuesday night and phase 1 was tabled it has not been accepted yet or annexed by the City of Meridian. Here again they are asked to go back to the drawing board and take care of some problems. So my question is since this is all kind of intertwined with phase 1 and 2 maybe we had better look at the whole picture and not do it just spot by spot. But like I said I talked to the engineer for the highway department and while he couldn't give me legal advice because he is an attorney for the highway department I also talked to him and here again I would like to see the attorney's really scrutinize that document. Thank you Aiidjani: Mrs. Sharp, what was the gentleman that you talked to what was his name? Sharp: I have it on another. piece of paper, it ends with Lund, Joel Lund was the engineer with the highway department. I'm sorry I didn't bring that piece of paper, I could get that to you, the attorney. Like I said he couldn't give me legal advice because he has to act for the highway department as I am sure is true for Mr. Crookston here too. I would like to see him scrutinize that document closely. I think intent might be a factor there too. Rountree: Thank you, anyone else? Dixie Lee Roberts, 2855 Wingate Lane, was sworn by the City Attorney. Roberts: I would just like to make it a public record that I too am very concerned about what happens to our community out there. The same as my neighbors, I think with subdivisions comes a lot of children along with it. My concern is that we do have cattle and children wander into the fields and it is my concern of their safety and of the ditch also. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 39 Little children and drowning and so on. Thank you. Rountree: Mr. Alleman? Alleman: Just for a matter of clarification they have indicated that I want to clarify that I am presently farming and I plan to continue there. But because of the development around that I feel it is important that I put the input into this but I am not, it is not my intention to divide it, develop it or to sell it. So if that enters into the considerations well then I think I should clarify that for your consideration. Thank you. Rountree: Anyone else? Mick Dauvin, 2820 Wingate Lane, was sworn by the City Attorney. Dauvin: My concern is that you are looking at an incomplete plan. You don't have highway studies, you don't have your sewer lines complete. You don't have access defined on here. I think you ought to wait until you get a total plan to look at for this development. Again my other concern is a buffer between agricultural and residential. We have got animals and water and kids don't mix with that very well. Rountree: Anyone else? Seeing none I will close the hearing. We need findings or an action. Alidjani: Mr. Chairman I make a motion that we ask our City Attorney to draw findings of fact and conclusions of law for this public hearing for zoning and annexation. Hepper: Discussion? Rountree: Not unless it is seconded. Motion dies for lack of a second. Hepper: Can we have discussion now'? I think we need to table this until we can get some answers to some of these things. I would like to see what Ada County Highway District has to say about it, about Wingate Lane in particular. Also concerned about the access, it doesn't appear to be access to the property right at the moment. 1 think they need to alleviate that problem as well. I think the Dove Meadows access is probably a solution to that. We have also got a question about sewer through Mr. Alleman's property I think that needs to be resolved. We have a question about water pressure with City water, the water table. We have a couple of things there that need to be resolved before we can. Alidjani: The reason that I made the motion the way I did is because he could get it done Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 40 by next month and if he doesn't than it gets denied. All of these are (inaudible) big concern about the water pressure, Shari has 13 items, the way I look at it all of those have to be resolved by the time the findings of fact are ready and if it is not and hopefully that would be reflected in the findings. Hepper: That is what I am wondering if that stuff is going to be in in time to be reflected in the findings. Rountree: I think Mr. Crookston might have something to say about that. Crookston; For additional information to be included in the findings it needs to be presented to the Commission realistically as part of the public hearing or if you make a statement that you are going to accept written statements for a period of time than you can do that when you state that they will be put into the record. For the purposes of the findings it is best to have those made a part of the record so that the findings can use those things. Alidjani: So I guess what you are trying to educate me personally is because I did not say the request of Bruce and Shari that could or could not affect the findings? Crookston: They could yes, as well as particularly the (inaudible) Ada County Highway District. Rountree: And the public. Crookston: And the public Hepper: I think that the public also needs to be, these studies and stuff need to be made available to the public too. I would make a motion that we table this until we receive further information. Crookston: Do you want to table have a motion to table the public. hearing so that these matters can be addressed at a public hearing without publication of a notice then I would suggest that you make a motion to table the public hearing to be brought back up whenever you want it brought back up and have the additional information submitted either to the Commission prior to that time at the public hearing. Hepper: Say that in English? Rountree: (Inaudible) • ! Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 41 Hepper: I don't know, I am not trying to circumvent the public, I think they made their position pretty clear. I think from my own standpoint I think I understand their position before I make a determination on the recommendation I would like to see what Ada County Highway District has to say and I would like to see a possible solution to the City's water pressure question out there and a couple of these other things. I don't know that we need to have another public hearing. Crookston: No you wouldn't have another public hearing you would just have this public hearing hearing, it would need to be re-opened but you would have that continued and realistically if someone wants to come forward on the date that it is continued to they would have the right to do that. But if you keep the record open then it is best to do that so you can have the ACHD comments submitted and made a part of the record. Hepper: Potentially someone from the public may have a comment about the ACRD comments. So we would probably want to restrict the public hearing to new information. Crookston: You can do that, but I want to see ACHD's comments because normally we have those comments prior to the public hearing. They are part of the record at the time the public hearing is held. When we do not have them until after the public hearing we actually need to have the public hearing held open. Rountree: Did that communicate to you? Hepper: Yes, I would like to amend my motion that we table the public hearing until our next Crookston: You need to re-open the hearing, the hearing has been closed. Hepper: I would make a motion that we re-open the public hearing and then table it until we have received ACHD comments and get some of these other questions resolved. Alidjani: Second Rountree: We have a motion and a second to re-0pen the hearing, leave the hearing open until such time as we have received the information specific to ACHD's comments and addressing the City staff's comments at our next regularly scheduled meeting July 11th, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 42 SIX MINUTE BREAK ITEM #5: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0. 5 AND 6 BY STEINER DEVELOPMENT: Rountree: Is someone here for the developer? Steve Bradbury, 300 North 6th Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Chairman and members of the council you have seen this project a couple of times before and I didn't expect that I would go into a great deal of detail about it. Trying to just leave time to respond to any questions that you might have. What I think I would like to do though is for ease in presentation you all have a book that looks something like this with a bunch of tabs on it. Open up behind tab 6 and what you will find there is a map that looks something like that. What I want to do is tell you a little bit about what it is that we have done since the last time we were here. What this drawing shows is the overall concept for development across the entire 40 acres. As before on the left hand side the area that is shown in black that is the R-4 single family residential area. There are a little under 17.5 acres there, 51 dwelling units for a total of 2.88 dwelling units per acre and of course that is proposed for an R-4 zoning designation. The center section what is in pink or purple I am not sure I can tell exactly what color to call that. That is a proposed R-15 zone designation with 25 lots of about 6000 square feet each as proposed. That is something that I want to talk a little bit more about as we go along here. The next part, the part that is in green, the bottom right hand corner that is a proposed R-15 zone designation. It consists of about 10 acres and there is a proposal to have 63 units constructed on that portion. Those units would vary, there would be some single family attached some single family detached. Now, behind these other tabs seven through ten is more information about each one of these different concepts. If you want to get into some detail you can flip back through those and take a look at them. But in essence what we are talking about there is that is proposed to be a complex for senior living persons aged 55 or older. In there of course you see that there is going to be a club house with swimming pool and walking track and various amenities along those lines. The blue portion above that is a townhouse condominium development proposal. The drawing shows the conceptual drawing shows those 58 units up there and that would be across about 7.5 acres for a total of 7.75 units per acre. The concept is to include that condominium townhouse project in the senior development. In other words merge that into the senior development when it is constructed. As we have told you in the past the concept and the plan is to construct the southerly portion of the project first and the northerly portion of the project second. With this townhouse condominium coming behind the other Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 43 portion of the senior project to provide a third living opportunity for seniors and those people would be able to enjoy the same amenities that are found in that lower section. In other words they could use the club house and the swimming pool and that sort of thing. That in essence is the concept. When we were here before we didn't have these specific conceptual drawings before you, your findings and conctusions made it clear to us anyway that is what you wanted to see. We have prepared these things, showed this to the Ciry Council when we were there I guess it was about a month ago, City Council said okay well that is great why don't you go back to P & Z and show them because we would like to hear what the Planning and Zoning Commission has to say about the thing. 1 am going to step over here, we also thought it might be helpful for you to see the project as it sits on the ground along side the rest of what is proposed and under construction out in that area. The map that I am showing you there shows let's do it this way, on the right hand side you can see the darker stuff is the proposal that you had before you tonight and then it goes into the golf course area, the new proposed golf course area with the additional development around it. A couple of things that I wanted to show you that may help you to get a feel for what we are doing here. We are trying to transition for some higher density out next to Ten Mile and then of course the lower density comes in along the golf course. There are a couple other areas that I think are worth pointing out to you. (Inaudible) that we understand have already been approved at least preliminarily for a medium density of up to 8 units per acre. Overall on the 40 that you have before you if you took it all together you are under 5 units per acre. It is just under 5 units per acre in total all considered which is if you look at the (inaudible) overall that is a relatively low density proposal. You have seen the thing a couple of times and what we would like to suggest to you. tonight is that we are interested in working with the City to find something that the City is satisfied with. Something that the City can feel good about. We have the idea that it is going to be a high end project, you have seen the drawings that we brought in the past that show atl of the landscaping amenities and the types of things that the developers wants to try and do. Trying to build a good high end upper end nice development that has a variety of living opportunities, some larger lots, some smaller lots, some townhouses, some duplex if you will. Try to get a little bit of variety in Meridian. As far as we have been able to find there is nothing quite like this in the City. It would be a niche that hasn't yet been fitted. We recognize that you have some concerns about some of these things and what we would Tike to do is we would like to encourage you to provide us with some input about what you would like to see. What would be acceptable to you. If you see problems with this plan with this proposal tell us how we can fix it and we will try to fix it. What we don't want to do what we try to avoid doing is coming back and forth and taking more and more of your time trying to read your minds as to what you might like to try and accomplish. One of the things that we sense is that you are not particularly enthused about this 25 lot R-15 section in the center with the 6,000 square foot lots. We are perfectly willing to work on that, we are perfectly willing to do something different. For example we can increase the lots sizes, Meridian Planning 8 Zoning Commission Special Meeting June 22, 1995 Page 44 we can submit to a design review process if the city wants to do that. Is that a tape that needs to be turned or am I just getting feedback? Rountree: It must be feedback. Bradbury: In any event what we would like to try and do is if you see something that you would like to see us change or to modify tell us and we will try and work it out. We would like to do that rather than just coming back and forth. We will make those lots larger, if a different zone designation is something that you folks would be more comfortable with in that section fine that is okay we will go along with something that makes you comfortable. I say that about the entire project. I also sense or we sense that you have some concerns about approving an R-14 and because the R-15 zone will allow such a wide variety of uses that perhaps you would like to be able to condition the development on something more speck so the owner of the property doesn't come in with this project today and tomorrow show up with something different. So, we have some suggestions that you might consider imposing as conditions for the annexation and the rezone including number 1 condition approval of the project on residential uses only across the entire 40 acres with the exception of the fire station that the developer would donate to the City as a part of the project. So that would be number one. Number two if you waM to restrict the gross density over the entire 40 acres we would be willing to submit to that and we suggest because the plan that we have before you is under 5 units per acre just under that a condition be imposed that the development over the entire 40 not exceed 5 units per acre. Knowing that in order for you the condominium project and the senior project to be approved that the developer has to come back to you with a conditional use permit application you get another whack at all of this stuff. You get another look at the details and some of the design criteria that you may want to impose under the conditional use permit portions of the ordinance. So, we are certainly willing to submit to a condition that requires the developer to come back with a conditional use permit application for those two portions of the project. We will even submit to a time limit for example 6 months for the senior portion the southerly part and 1 am going to toss out two years for the northerly part and those numbers are really off the top of our head and we can work with those. So I guess set quickly and shortly is we ask that this body recommend approval of the annexation and rezone to the City Council and that you approve the preliminary plat and you make that subject to the conditions that you folks are comfortable with. Then we can hopefully get this thing out of your hair and get on with the getting on. I would be pleased to answer any questions you have got. Hopper: You said something about a conditional use on the iwo portions to the east, would that also apply to that center portion? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 45 Bradbury: It doesn't apply as it is proposed now that we submit to a conditional use, but yes if that is the wish from the Commission it certainly could be. I don't know if a conditional use is necessary maybe we can do something along the lines of a design review because there we are talking about single family detached dwellings that will likely be constructed separately although not necessarily. I am not sure a conditional use works but if it does you bet, if it makes sense to you. Rountree: I have a question, you ident~ed this as being a high end development. Bradbury: Yes that is what we are aiming for. Rountree: Mow would that be defined, how would that be quantified at some future date if there was a dispute between the developer and the City and the developer says it is high end and the City Bradbury: The City says it is not as high as what we had in mind. I guess there are several things that we can consider doing. One is imposing minimum square footage on the dwellings and those proposals are contained in the information that we have here and we are certainly willing to go with those. You can condition approval of the project on the City Attorney, this body the City Council whoever reviewing and approving the restrictive covenants that would be fried for each portion of this project. In the conditional use process you get the opportunity to look at fairly closely the design the proposed design for each portions of the project and you can string conditions on the conditional use permit to make you comfortable with the high end. With what we are saying we perceive to be high end. One of the things that I think demonstrates that we are trying to reach a little bit higher than what might be the average out there is the kind of landscaping improvements that we have proposed. You have seen the drawings of all of that with the center dividers in the streets, and the parkway, the park strip along the main access road and all of the landscaping, the cement block wall that goes around the perimeter of the property. 1 think that these numbers are accurate but we have been talking about spending somewhere in the neighborhood of $80,000 to $100,000 on landscaping treatments alone. We can certainly work with conditions of approval that would require specific types of landscaping improvements. We certainly don't have a problem including those in the development agreement that I would expect will be required executing connection with the annexation. So all of those areas I think are areas that you folks have and can exercise significant amount of control and discretion and we don't have any problem with that, we encourage you to do it. Rountree: Thank you, any other questions? Anyone else wish to testify on this proposal? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 46 Hepper: I guess I have another question for him then. That center portion there you said possibly different zone or something like that, would you be willing to consider a PUD with an R-8? Crookston: Can I interject, Tim when you say center portion where are you talking about? Bradbury: Are you talking about the 25 lot R-15 portion? Hepper: (Inaudible) Bradbury: The answer to the question would be you bet we would consider that. The only quaycation that I would impose is that as you know we have been at this for quite awhile and w sure hate to go back through the public hearing process. My opinion would be that because we are talking about a less intensive use that we shouldn't have to do it again but I don't know what the City Attorney's thoughts along those lines are. We are certainly willing to go along with a less intensive use and provide the City with whatever assurances they need so they feel comfortable with what is going to be buiN out there. You bet, a PUD if that makes sense with a different zone designation sure as long as it doesn't put us back on the drawing board and make us go through ugh another series of public hearings if we can avoid that. That is what we are trying to avoid. Hepper: I think we are all probably on the same wavelength here. If we are looking at a proposal here or a suggestion here on some changes we probably want to make it with your consent because if you don't' consent to it then we have a difference of opinion and we have a problem. Probably in that particular area you would probably be looking at an R-8 PUD with 65 foot frontages instead of 60 foot, 6500 square foot lots instead of 6000. No duplexes or multi family those would all be single family detached with 2 car garages. Then I think under the, the minimum square footage under an R-8 we would probably want to go with 1301. Bradbury: And that is what is proposed presently so that is not a problem. So far I haven't head anything and Doug is telling me he hasn't heard anything that causes him any heartburn with that proposal. Hepper: Then under a PUD and then either a design review or a conditional use, I suppose a conditional use that probably the part that we are trying to control or make sure is we have heard promises before of high end and high quality and nice project and then when it is actually built something else is out there. So I think we want to conditional use it so we can see when you get ready to do it what exactly your are proposing, what type of roof treatment, what type of front and wood, stucco or stone. Meridian Planning & Zoning Commission Special Meeting June 22; 1995 Page 47 Bradbury: Did you have the idea you were going to build all of those out? (Inaudible) Hepper: We can probably come up with some guidelines or something maybe we wouldn't have to see each individual building but maybe some guidelines that the builders would have to fallow to assure that we have a quality project. Bradbury: You bet and that is something that we might be able to handle one of two ways, using what you are talking about and you folks looking at each I guess building plan that comes through to make sure you are satisfied with it. 1 don't know if you really want to do that or you approve the restrictive covenants that are applicable to that portion of the project so that they say what you intend for them to say. That would be another alternative another approach. But either one of those things is perfectly acceptable to us. (Inaudible) Rountree: Would you relate that to the record since you are sworn and he is not. Bradbury: You bet, what Mr. Campbell said is he would be perfectly happy to come in with a conditional use permit in that area and provide you with plans and elevations so you get a logk at exactly what is going to be built throughout that portion of the project. Hepper: I guess my next question would be to the City Counselor is all of this feasible? Crookston: I don't know. Hepper: Is there any legal reason we can't do it like that? Crookston: If they agree with it 1 think we can do it. I guess the question that 1 have is as I remember the application the R-151ots were many of the lots were around this loop road even on the eastern edge until you get to the cluster homes or condominiums or whatever. So, what area are we actually talking about where we are changing the R-15 to the R-8 idea. Hepper: It would be on that loop road on the north side of the main entrance road. Crookston: But there are R-15 lots as I remember, I don't specifically recall the (inaudible) but 1 thought there were some R-1 5 lots around that loop road. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 48 Rountree: (Inaudible) Crookston: I don't have a large enough map to tell by roads. I thought all of these purple areas (Inaudible) Crookston: That is what I thought, we are not just talking about this area in here. Hepper: No we are (inaudible) Crookston: That was my understanding (inaudible) (Inaudible) Hepper: Originally on the original concept weren't those designated as patio homes or garden homes or some other vague thing? Bradbury: Where you didn't know what the heck we were talking about, yes that is exactly right. They were originally designated as some sort of a patio home or garden home or something like that. Hepper: (Inaudible) tie it down a little more so we actually know what we are getting. Bradbury: Sure, you bet, glad to do that. Rountree: Any more questions? Again anyone else wish to testify? Hepper: I had a question for Gary, we have got that letter from the City Gary mentioning the water pressure. Would you elaborate on that exactly what that is all about? Smith: Yes sir, we have been experiencing some low water pressures in various parts of the town. At the time that we wrote the comments we weren't sure what was causing the problem. We are still not absolutely sure but I know it had more to do with our telemetry control of our well than it does with actual supply of water. We have made some changes and so far on a very preliminary basis we have seen some positive changes. But 1 am not to a position where I can release my comment that I submitted to you folks because I am not sure that what we have done is the answer to the problem. We have received several calls from the Cherry Lane Village area. Our sewer inspector lives out there and he reported to me this morning that his water pressure on his sprinkler system is much Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 49 improved. Well No. 12 which is at Ten Mile and Cherry Lane Road should be in production again by the end of this month approximately a week. And that should help it significantly in that area. So I don't perceive that it is a serious problem I just wanted everyone to know that there was a problem and I have a tendency to not charge on ahead even though realizing that this development is going to be a time in the future before it actually needs water. I wasn't sure what we needed to do to our system. I didn't want to impact the people that are presently using the system by approving the additional subdivisions or recommending approval. Hepper: Could we condition that in the, Counselor could we condition that this Rountree: I haven't closed the hearing yet Tim. Hepper: This is just a discussion, I was just wondering do we need to table this or can we make it in the motion or the findings of fact reflect the concern about the water pressure and the Council needs to be aware of it. Crookston: We can do that, it is my understanding what Gary said at the City Council meeting he likely would have his report to the Council at the first meeting in July, is that still the case Gary? Smith: Yes Crookston: So you could even support that you want that to be made part of the findings. Rountree: Anyone else wish to testify? Crookston: I am just looking at this thing, Steve, if I am looking at this correctly, you show the R-4 lots along, what is the name of that road there? Rountree: (Inaudible) Crookston: It is not Woodmont? Rountree: No it is the one north of that. (Inaudible) Crookston: Realizing that the lots on the north side of Mirrorfield are not part of this application but those are R~ lots that are pretty nice and good sized lots you are going Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 50 to have R-15 development to the north of them? Bradbury: That is right as proposed, now that would be buffered with a, do we have block wall coming all the way around that part? It would be perimeter fenced the block wall comes down around to the fire station I guess, the proposed fire station site. Crookston: What kind of buffering would you be talking about there? Bradbury: That is not something that we have talked about, I suppose that what I would suggest is that if you folks think that there needs to be some specific buffering treatment you tell us what it is and I think we will be able to provide it. We can provide a landscape buffer, you are right we have got a transition area there between an R-4 and this R-15 but you also need to recognize that those are all, the lots are smaller but theyare all single family detached dwellings along there. So we are not talking about big multi unit structures abutting against that R-4 so I don't tfiink there is going to be a significant conflict. (End of Tape) from a use standpoint but only just probably from a lot size standpoint. We are going to have the same types of use, of course we are also talking about a senior development with people that aren't going to have theoretically a lot of children running around. So I wouldn't expect that the conflicts would be even, if there were any at all wou-d be reduced for that reason as well. If you think we need to do some landscaping treatment along there that is fine. The concept is to provide common landscape throughout that entire senior project a common landscape with common maintenance of the entire landscape including the exterior portions of the dwelling units themselves. So I think there is going to be a fairly good amount of control in order to keep those standards up. Hepper: Would those be single story or a112 level or does it matter? Bradbury: Doug is telling me single story so I guess, if you wanted to be sure of that impose a condition. Hepper: This would be in the southern half of the senior development would be single story. Bradbury: And that would be pertectly acceptable if that is plan and you want to make sure that doesn't change. Hepper: You said those would be single family detached what about in the bottom left hand corner of the senior center, that looks like possibly a tri-plex or a 4 plex or something? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 51 Bradbury: You are right in that corner it is. In that portion of it it is. Crookston: Are we talking about duplexes and triplexes? Bradbury: In some areas yes, there is a mix. Hepper: Apparently in some of the corners (inaudible) Bradbury: As well as those, I don't know exactly what all you were pointing to but also around the Gub house area those are multi family as well duplex, triplex along those lines. Hepper: Would it be feasible on that bottom left hand corner to make that single family detached where they back up to the R-4? Bradbury: I think it is certainly feasible, we just add another lot there instead of making it a big lot, make it a smaller one. (Inaudible) Hepper: I would think those people who have already bought property there that this is going to border up to them would need some protection there. (Inaudible) Bradbury: We can just add, I think the net result would be one extra lot one fewer unit if you follow what I am saying. You get 2 units instead of three. Crookston: Other than those corner lots are they all the rest of them going to be single family dwellings? Bradbury: All of the rest of which? Along that border'? Crookston: In the comers of that area where we are talking about that (inaudible) Bradbury: (inaudible) Crookston: Other than the ones that are in the corners are the rest of them single family? Bradbury: (Inaudible) So there are a few scattered around (inaudible) developed along with the rest of the project. We will try to work on that one, that is the same thing Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 52 (inaudible) right here next to this road and is a part of what (inaudible). Buyers of this will be aware of what they are up against as well as the rest of these. I can certainly understand your concern (inaudible). Crookston: I don't have too much concern about the areas that do not abut the R-4 lots to the south. It is your development those that do abut those R~ lots I think that we need to protect those R-4 lots. Bradbury: And we have no problem with that. Maybe the suggestion I can make is that you impose a condition that the tots along that southerly line there be single family detached only single story. And we will go along with that. Hepper: Do you have any idea what the square footage of those single family detached homes will be? Bradbury: Doug is whispering in my ear 1600 an 1 am going to look and see what we are talking about. Doug is that included in the materials that are (Inaudible) Hepper: Well I think a square footage like that would be something that those property owners would be concerned about. (Inaudible) Hepper: Yes along the southern border. Rountree: We need this on the record. Doug Campbell, 19 E. Fairview, was sworn by the City Attorney. Campbell: I don't know how we can, the concept that is before you tonight it just giving you basically a concept of what we have. I don't want to get stuck, I know we won't be anything less than 1301 square feet. The plans I have before you are 1600 and 1800. I don't know, I hate to be held to that, I know it won't be anything under 1300. I would like to when we come back, because we do have to come back before you with this concept and maybe let me come back with exactly really what we are going to do as far as the elevations and floor plans and once we do our market survey as far as what our units are going to be if they are 2 bedrooms, 3 bedrooms. There is still a lot of work to be done as far as market surveys to see what seniors are buying, what the square footage is they are Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 53 buying. I know we won't come back on those perimeter units as far as the single family detached of under 1300 square feet. These units are units we used in another project and that is why that is how we came about with the 1600 and 1800 square foot. I don't know if that is going to be a problem, it shouldn't be because like I say you are going to get another whack at us at the time. Hepper: Well I think (inaudible) be aware that we will be paying special attention to those lots on the southern boundary that border up against the R~ those would be the ones that we particularly be taking a close look at. Campbell: As far as the square footage wise? Like I say if we have to take one lot off of there that makes sense and we will keep those single story which they were planned on. Everything all around the perimeter in the green section was going to be a single story unit. The center section when Steve had said multi family those will single family attached units. Those are all basically a duplex with the lot line going down the center is what the concept, how we are approaching that. So like I say, the book and on record I don't want to get stuck with the 1600 and 1800 because I would like to present that when we come back on the conceptual. As far as street layouts this is what we are going to come back with. The only thing that we are probably, the elevations of the houses might not be what you are seeing. These are going to be of that quality or better they won't be anything less. This is just something that the P ~ Z could look at and feel comfortable with and then we come back with it and you get another whack at us and hopefully we have done our homework and you will be happy with it. Crookston: Wayne, anymore? The hearing is still open anyone want to address this item? Campbell: The blue section of the plat map that is before you, what we are trying to accomplish there are about 121 units, 63 on one side and 58 on the blue side. What we are trying to accomplish we are trying to hit all levels of the seniors. We are getting a little higher density on the blue side. What we want to do is come in with not just a high end senior complex we want to try and hit all niches of the senior markets so we are meeting all the needs not just a higher end. What, if we get into a 1600 to 1800 square foot unit in that complex you are talking something that is going to cost $140,000 to $150,000 if you go with what is out there currently. We want to get, across the street we want to bring in something a little probably closer to $100,000 or maybe under 'rf we can and go from maybe the high 90's all the way up to $150,000 and we have got duplexes, fourplexes and single family detached. Hepper: These would all be built as townhouses rather than renting, rather than duplexes right? Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 54 Campbell: Right, they will be a town house with like we say a lot line going through, 2 car garages, 2 cars out front. Hepper: They will have a deed to the land that goes with the unit? Campbell: Exactly, like I say a lot of the odds and ends will be stuff that we are talking about will be down in writing that will come before you when we submit for preliminary plat and conditional use permit on those projects. That is where everything will be to a tee. Rountree: Thank you, I am not going to ask again I am going to close the hearing. Crookston: Well I was just going to ask a question. It just popped in my head. Rountree: Okay, I will open it up again. Crookston: You stated that you are having a high end development. I don't know that under $100,000 is high end. Campbell: When we say high end, when you drive by that unit that doesn't necessarily, when you drive by the project if you look at the drawings in the 7 through 10 that pretty much says what we are doing. When you put a block wall, you do the landscaping how the project is completed and finished off they couldn't tell you, they could drive by and it might look like $110,000 or $120,000 unit but we sold it for $100,000. We are trying to hit all the markets and that, I don't really. I don't know, as far as, if $100,000 cheap to you I don't know for a town house, if it is that is a considerable amount of money for a senior. Crookston: Depends on which senior you are talking about if you are talking about seniors that have, would say $100,000 that is gross that is wasteful. It just depends on the person. Campbell: As far as the complex with what we are doing as far as landscaping the security, the gated community it will be an upper end project. Crookston: Thank you Rountree: I guess t had better ask, anyone else? I will close the hearing. We need an action or a finding. We have findings. Mr. Crookston we do have findings on this particular are those applicable at this point for mod cation, revision? Crookston: They are certainly going to be helpful to me but they are not applicable to this application. Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 55 Hepper: Mr. Chairman I move we have the City Attorney prepare findings on this project with the stipulation that the center loop road there be changed from an R-15 to an R-8 PUD with no duplexes or multifamily housing allowed, 65 foot frontage, 6500 square feet in the lots and that they submit to a conditional use along with both of the R-15 parts would be under a conditional use. Alidjani: How about the minimum square footage on those? Hepper: Right, with the minimum square footage in the center part where the loop road is of 1301 minimum square feet. Alidjani: Second Rountree: It has been moved and seconded to have new findings of fact and conclusions of law as conditioned prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: I need at least one more motion unless Gary has some things he wants tell us? Alidjani: I make a motion we adjourn. Hepper: Second Rountree: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:05 P.M. (TAPE ON FILE OF THE PROCEEDINGS) APPROVED: I J SON, CHAIRMAN ATTEST: Meridian Planning & Zoning Commission Special Meeting June 22, 1995 Page 6 ~. / 2 _ WILLIAM G. BERG, JR., T' CLERK /~/~~ ~, ~' ' lJcc~r4~s fr. :>.: ~_ I° • ~•`. ~/~ •~3 • 0. (i~zz-45 ` 2 1:i~() ,Aj•TMe7ant I1~ CFttthia Alr9•ioh et a1 i Pritnte road a,R•seLynt. This A: er.~.rnt :•le 4a>' as M, h• aM b'r~•~en tM Parties hernto as lollow- to-wtt; i • tthareae ao Syr%11a Alm•!oa Ly Pnd AAarmo Rarry.L.YOato C,F:,Van Aukers L,A,Ginleon~ h. A, Nahlao ba'a, oc/nrrs ot•tT:e aevessl Lraate of lan" •:omtitutitt~ wnrf AonterlTtq ~n rhs j oast 11 », o, the iSwst half ,f the North 'AOSt quartor of Qoo tion5 Toxin htp 3 lb rth of Rarp 1 Sant of Holac kerid:aftr oM bs Aoairbda-of opent~l aM malnta7nlnj n prtvore roar+ i alor.Z the aai•f ling begin^:r.y o tro publio Ni;~-ay fo:tnfn;= tho north 11ne of Baia ~ seotioa 5, a:n' runniat soot t -lon3 rho aaSA liaat lfna of tye ra1A F.'7 of the NW~4 of ~wkt Sae. 5 btin: the !rlr eeotior. Sinoo to c,ie ~at+th ••aat oorrer o! the sold N1R-4 of .elA ' iootioa Ss LM s•1A road to re 15 foot in rArith. Naw therefore we tho uttAStsl~tari c:o i h01V 17y agree to enA rith sa0*. other and bled o~eolwe en/1 our euoeass ore o3 e++~+*~ of tro eevorai tracts sty*.tirtf on the ewirf halt seat ion ]lr,oo that rro viii opan an•1 r !stain a priaa•.^ roaA 15t+~ feet fn .:•ithr the +,a 1t seotion 1!ro oornLitutityl the east .:ro of the a+id ready that the eslA road !::all be foritlM use e! all N tTtB o•.nors of the satA tra•as r,_...._.~.-,._..____ ~. ~~_ _. ._ A..___ ` plr__~h ogTL/.1 rim _hts'aa to the u!n of tha same ~ in riitie s • a•haraof we gave horru nto .ot_ oc- r hands anA eftSsrA nor aoo le this 12th dey of Junes 1?13 ., Rarry,T.,Yoat C,K,Van Auksr '.;mRMo. A1a1'loh b:• PrnA AAw:s. N.•J,Yahla L, A,:,eai s rn Aubagr7»d in ~~ pruseTtoe and morn to boforo ns by C.K. Van Anker Th1e 13r•h day of June ly]3,~ i ldNarA R*.e in, (Sea1) Notary Yubllo, Subaoritsd in r~ presam a aM rnrorn to bofnro me by f:arry,I/,Yoete PreA AAaos t N.J, }!att)a and L.A.t,etrieon thin 9th •Ly of July 1~~)3.~ ~ R, C.Ptaff ]e . (Real) twtap. PuDliO, Reoordod at the regwet of parry Yost at 2:25 p.m. /Tiny 24th, 141,3 see 6o`.y ~~Gc.liy ~i~' RocerAOt~., ~,,,,,;~ ~<z ~~ ~ zz.~~s _w- ~ ~~ ~~ ~~ ~ I < e _ . _ ~~