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1999 10-12MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 12, 1999 The regularly scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman Keith Borup. MEMBERS PRESENT: Keith Borup, Kent Brown, Tammy De Weerd, Thomas Barbeiro, Richard Hatcher OTHERS PRESENT: Stephen Rutherford, Bruce Freckleton, Gary Smith, Bill Gigray, Borup: Good evening ladies and gentlemen. We’d like to begin our October 12th meeting of the Meridian Planning and Zoning Commission. Start with roll call. First Item on the agenda is the Consent Agenda consisting of minutes from, believe it or not, four meetings been held since our last regular meeting. I am open for a motion. De Weerd: Mr. Chairman, I move that we approve the minutes held August 31st , September 14th , September 16th and September 30th as presented. Hatcher: I second that. Borup: There is a motion and a second. All in favor? MOTION CARRIED: ALL AYES. ITEM 1: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ACCESSORY USE PERMIT FOR HOME DAYCARE BY DARCY ROBERTSON – 1458 N. HAVEN COVE AVENUE: Borup: I assume Commissioner's have had a chance to read those. Is there a comment first. Do we have a motion. De Weerd: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these Findings of Fact and Conclusions of Law. Hatcher: I second it. Borup: Roll call vote. MOTION CARRIED: ALL AYES. De Weerd: Mr. Chairman. Borup: Commissioner De Weerd. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 2 De Weerd: I move that the Meridian Planning and Zoning Commission determine that upon review of the applicable standards and guidelines as set forth in Section 11-2- 410D of the Zoning and Development Ordinance of the City of Meridian, the established record, and the applicable law, that the applicant met the requisite accessory use standards. Given the foregoing, the subject application for family daycare home accessory use as set forth herein shall be granted and the use allowed subject to the conditions imposed herein. The accessory use shall be subject to review by the City upon notice to the Applicant. Borup: All in favor. Did we hear a second? Hatcher: Second. Borup: Okay, all in favor. MOTION CARRIED: ALL AYES. ITEM 2: CONTINUED PUBLIC HEARING: ANNEXATION & ZONING OF 150.79 ACRES OF LAND (FOR R-4 ZONING) BY BEAR CREEK, LLC—EAST OF STODDARD ROAD & SOUTH OF OVERLAND: Brown: Mr. Chairman, I have a conflict of interest and I need to step down from the following two items. Item 2 and Item 3. Borup: Okay Commissioner Brown, so noted. Have fun. De Weerd: Mr. Chairman, before we get into this it was my understanding that Mr. Gigray was going to--- Borup: That is correct. Thank you for reminded me. Item No. 15 is review and consideration of—for a change in zoning subdivision ordinances. Mr. Gigray has another appointment he needs to leave and get to. He had asked if he could do a presentation at this time and then we will take up discussion of that at the regular place on the agenda. We would like to give the floor to Mr. Gigray at this time. I apologize for—I did not write that down. I have learned I have to write things down rather then try to remember things. Gigray: Amen Mr. Chairman. I have the same problem. For purposes of record, my name is Bill Gigray the third, City Attorney for the City of Meridian and I wish to thank you Mr. Chairman and members of the Commission for allowing me to make this presentation at this time. I want to assure Gary Smith that much contempt over here for my being able to be taken out of order. I am not leaving because of band practice. I am a City Attorney for Wilder and they meet this evening, and they have some matters that need attention. I have to be in Wilder immediately following this meeting. What I Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 3 wanted to talk about briefly under Item No. 15 was, and this is a project that I’ve been working on this year and that is the adoption of the Meridian City Code. As you know your under existing ordinances of the City which are compiled and revised from previous additions that have unfortunately become sadly out of date and very hard to work with because you can not assure, as you look in the existing Code Book, that is in fact the latest version of the ordinance that is an ordinance of the City of Meridian. The City began this process about two years ago with Sterling Codifier who is the name of the company that revises or we work with for the codification of the laws or ordinances of the City. I have been working with them closely over the past year and with the department heads of the various departments of the City that are effected by these ordinances and we get what are called numerous worksheets. There have been numerous laws of the State of Idaho that have changed since the old code was in effect. There is some references in the code that are out of date given certain practices that exist in the City today and so what this process of recodifing does, is not only reorganize the City Code but it also brings it up to date and try to correct those technical issues which need to be changed in the process. We’ve handed out a memo which identifies where those changes are because a portion of this whole project does amend the zoning ordinance of the city. In the technical ways, we felt it was appropriate that there should be a notice and public hearing on that and that is why your having this public hearing. I would tell you that the City—this is a very important matter to pass because all of the other changes that we need to make to the City Ordinances which are numerous, we’ve been holding pending the completion of this because this assigns all the new code sections and as we do subsequent ordinances of course, we have to refer to the way that things are codified in this book and so the passage of this ordinance or this code book which the City Council can do in one ordinance when it gets before the City Council, after conducting a public hearing there on the ordinance changes here when the zoning code is very important. The one item that you have under Item 15 which will follow the passage of the new code is an amendment of the provision that governs the transferability of conditional use permits. As you know, presently under your ordinance, they are not transferable and so every time someone who has a conditional use permit sells a property and someone else wants to continue the same type of business for which the conditional use permit has been granted along with all the conditions, they have to come back and go back through an entire hearing process in order to get that approval for transfer and unfortunately I don’t think the existing ordinance provides many standards by which the City would govern, whether or not to grant a transfer or not and generally does. The idea of the ordinance which is before you in that regard on the conditional use permits is designed to limit that so that they are transferable unless you are dealing with home occupation or something that is licensed as child care or your dealing with alcoholic beverage establishment or something licenses an adult business. Those would have to come back for transfers automatically by the provisions of the ordinance under your consideration. As far as those matters, that wouldn’t change except this proscribed standards for you to review a transfer and those standards are one that the permit holder that had the permit that they comply substantially with the terms and conditions of the conditional use permit Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 4 and number two is that the person to whom they will be transferred demonstrate that they will be able to fulfill those conditions and operate in accordance with the conditions of the conditional use permit. I think it gives us more tools to deal with that transfer and a standard to which you would govern it which are not there now. The third item I want to discuss is an ordinance for consideration is the ordinance which deals with the development agreement. You have an ordinance in place now, which authorizes the development agreement. The Idaho Legislature has amended the Idaho Code provision 676511A, which deals and authorizes City’s to employ development agreements as conditions for rezoning which the City of Meridian uses on many, many occasions as you know by your own experience. The Idaho Code provides that a City Ordinance in relationship to development agreements is to provide certain criteria regarding the creation of those development agreements, the contents of those and the process by which they are developed. The ordinance which you have before you for your consideration on Item No. 15, is designed to comply with that state law so that the City is clearly exercising its authority under the provisions of the now amended Idaho Code and also it does provide a form of development agreement which we now are using in the City of Meridian and the reason for that is to standardize the form of development agreements so that we understand how those are put together and we are not dealing with different forms coming from different developers where you have to go back and try to retrofit them to make sure they meet your standards, but yet it is a form that is flexible so that the conditions of use and the conditions of development can be set for specifically in the agreement to meet the particular development that is the subject of the agreement. That’s basically my pitch. It is very important, I think, to move forward on the zoning ordinance changes that are related to the adoption of the new code and except for the conditional use permit thing which I had mentioned, those changes that have been made in there are either come from a recommendation of a department head that what was there before was no longer a practice, or we have a state law that is changed the requirements with regards to matters, or their reference issues including definitions or a reference to rather a ordinance we are now referring to a chapter which is just language that is appropriate when updating a code. They have now split under existing codification the zoning ordinances and the subdivision ordinances are in the same title. Under the new code title 11 will be the zoning ordinance and title 12 will be the subdivision ordinance. Borup: Any questions? I assume that Steve will be able to answer any questions later on if we have any. Commissioner Barbeiro. Barbeiro: Mr. Gigray, this is a part of the new book, is that correct? Gigray: Yes. What this is, this is all the laws. You have just the zoning and subdivision and all this does is take those, split –you know the numbers are different. These little technical references about cross referencing to other sections, of course that all has to be changed and they are really –they are not (inaudible) changes except for the provision in there regarding the transferability of conditional use permits and since that Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 5 was sent in, Shari and I have worked on additional language to try to make that better and that is why you are considering that other one on that very point here. Borup: Any other questions. Thank you. Gigray: I thank you for allowing me to make this presentation. Thank you. Borup: As noted, we will take up discussion on Item 15 as printed on the agenda. Back to Item 2 and 3. De Weerd: Mr. Chairman, one more thing. I see that the application –there is a request to table Item No. 8 and 9. You may want to note that incase any one is here. Borup: Yes, that would be good for the record. Yes, Item No. 8 and 9 which is the Walgreen’s application on the corner of Fairview and Locust Grove, the applicant has asked to be put on next months agenda. They wanted time to review staff comments, ACHD comments. This has been noticed as a public hearing. We, as the time comes up on the agenda we would be open to any comments if someone has come to make them this evening and feels they rather do it tonight rather then at the next meeting. So there will not be a presentation from the applicant and there will be another regular scheduled hearing on that item. If that effects anyone here, that is for your information. Thank you Commissioner. de Weerd: That way they don’t have to sit through the rest of this. Borup: Yes, but you are welcome to if you want to. Staff, I think we received a report. Is there any additional items, comments that anyone would like to make on this application. Yes, Item No. 2. Freckleton: Mr. Chairman, members of the Commission, hopefully you’ve had time to go over the report that we submitted at a late hour. I think from staff’s perspective here, we’d like to wait to have any comments until after the applicant is presented. Borup: Okay, thank you. Any questions from the Commissioner's before we hear from the applicant. Is the applicant here and like to come forward. Bowcutt: Becky Bowcutt. Briggs Engineering, 1800 W. Overland, Boise. I think where we left off last month, you asked the planning staff to make some comments. We asked for some input from the Parks Department. You asked us to have our traffic engineer to come before you to answer some questions concerning the traffic impact of this project. I think those three items have all been accomplished and we are here tonight to basically report back to you. First of all, we did receive the response from the Planning and Public Works Department. Obviously, most of the items we concur with, with the exception of obviously the analysis of the preliminary plat sites specific requirements, Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 6 item one concerning sewer. Then we had some questions concerning a couple of other comments that the staff had made as far as sewer or clarification on the issue of capacity, where they discussed reservation of capacity. Our question there was, does that pertain to the qualification for latecomers fees or does that pertain to a reservation of capacity. That was item 616. We have gone through the sewer issue over and over and over again. My comments to your staff were short, but I think (inaudible). They talk about the issue of philosophy—the philosophical standard where they basically reserve capacity for each particular drainage area and exceptions are rarely made and only under what they refer to circumstances where there is a critical reason. If you read my response, it states there have been multiple exceptions that we’ve been aware of. Borup: Becky, when did you turn that response in? Bowcutt: The response was faxed back at 2:30 p.m. Borup: Did anybody here get it in their box? Bowcutt: I received staff’s comments just a little bit before 9 a.m. this morning. Borup: I don’t think it made it to us. Sorry. Bowcutt: Okay, I have some extra copies. Borup: Which office? Bowcutt: I faxed it to Public Works Department, to Bruce and Shari’s attention. Borup: Just for your information--- Bowcutt: Oh, I did not fax it to Will’s office. Borup: That’s what I was going to say---when it’s a last minute thing, that would probably –help. Bowcutt: Yes sir. I apologize. I was frantically trying to hurry and get it on paper and back to your staff because they had asked for a response by noon. Borup: So next time it’s the day of, do both. It would probably help. Bowcutt: The projects that I am aware of where they have been allowed to sewer outside of their drainage districts—Ashford Greens is one. Turnberry Subdivision is another one. Those particular projects were in the identical situation that we had where they were designated for the Black Cat Trunk and a temporary lift station or interim lift station was provided for sewering that particular area. Based on the information that I Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 7 acquired today, Meridian Greens was another one. I guess a lift station was installed at Linder Road that provided sewer service to Meridian Greens prior to a gravity trunk line being extended. The other one I reference in my letter is the Vienna Woods situation up there in the far northeast area of the impact zone. In my conversations with staff they’ve stated, well some of these their sewering other projects then just one subdivision. Well, there is the potential to do that. There is a potential to do some type of a regional station. We have looked at so many options and it seems like every time we solve a problem then two or three road blocks are put up in front of us. We have offered to upgrade the Ten Mile Trunk Line—a substantial expense—therefore creating a substantial amount of capacity in that Ten Mile Trunk that does not currently exist. We offered to come up some special assessment. The staff came up with a number of 1500 dollars per lot. We have gone through many scenarios and I don’t want to repeat and go back through it again and waste the time this evening because it looks like there is a lot of people here that would like to testify on other projects. But what it boils down to is that this is good project. We’ve worked hard. We’ve tried to solve the problems that have been put before us. We don’t feel this is precedence setting. I guess I would challenge anybody to come up with a project that has the benefits that this one has, with the exceptional low density, the park site and the varying lot sizes going for the larger lot sizes. I think that is going to be hard to match. It is going to be hard to match anywhere where gravity sewer is at your door step and easily available because the cost is just too great and we can’t, in most instances, convince those clients because of the excessive cost of the land to provide the amenities that we are trying to offer here. One of staffs comments was that the priority was to the north. Well, my statement there is we are not trying to change the cities priorities. We understand that the No Name Trunk is a very important trunk. We are not asking the city to take those funds that they are allocating for that No Name Trunk and allocate them to this project. We are saying let us bear our own burden. Let us provide our capacity and in return you will get a really good project. I think one of the reasons that staff opposes the project, it’s not an issue of design, density, poor planning. It is the issue of complexity. This is not cut and dried. This is not the cookie cutter cut and dried subdivision. It is more complex. The complexity issue happens to be the sewer. We feel that we can solve that and we’ve done a lot of research and spent a lot of effort in trying to come up with what we consider to be a good compromise. This is probably one of the best projects that I have ever had the opportunity to work on, especially in the City of Meridian. I am proud of that. The impact upon this community is not going to be excessive. Yes, it add traffic. All developments add traffic, whether they be residential, commercial or industrial. It does add traffic, but when you consider the whole picture as staff mentioned in their analysis, they have to look at the whole picture and the capacity at the treatment plant and those dollars allocated to expand that treatment plant, we would pick up just a little bit over 1 per cent of the capacity of that plant. That is not very much when you look at the whole (inaudible) scale. Staff states that because of the urgency north to provide sewer service that there basically should not be any commitment to this particular area. Well I content that there is obviously has to be some type of obligation to provide service to an area of impact within what people consider a reasonable amount of time. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 8 Obviously, you can’t provide sewer service to every corner of your impact area all at once. That is not feasible but there are certain things that property owners consider and when you have such as this project, with the Elk Run Development right next door, they have central sewer, they have central water—this property does adjoin the city limits and then to be locked out due to the fact that there is a dashed or swiggly line that runs through your property. We think this project makes sense because it has access to the freeway. As I stated before, I don’t think it is good planning to take a particular area, an isolated area and say this is the only place the city is going to grow for the next 5-10 years, whatever. That is not balanced growth. We’ve tried to answer the questions the best of our ability. I hope you bear with us because I know it is complicated and its been drawn out. If the solution is a regional lift station, we are willing to look at that. We have done that before in the Kuna area. I had a particular project that required a lift station and the City Engineer stated if you want to build the lift station and incur the cost then we need to look at what adjoins you—and we did. We built a regional lift station and it worked out very well. Some nice developments came online. You can’t gravity sewer everything. One thing I would like to read to you—this is in the Idaho Planning Act. When a city is defining its area of impact there are three factors the state law says it needs to consider. One, its trade area. Two, its geographic factors and three, areas that reasonable be expected to be annexed to the city in the future. When we talk geographic factors, that can mean many things. One thing I believe it does mean is obviously topography, sewer ability providing service to the parcels. It is going to take some lift stations in the city. You can’t avoid them. There are regional lift stations that are designated on your master plan. They are not a bad thing. It is cheaper if you can do gravity. That is the optimum way of doing things but that is not the way. We don’t live in a perfect world and we are not everything doesn’t slope to the Meridian Sewer Treatment Plant. There is properties that are far south and so some provisions are going to have to be made. The issue as stated is areas that can reasonable be expected to be annexed to the city in the future. We adjoin the city limits but we are basically being told you can’t be annexed and it could be anywhere from ten, fifteen maybe 20 years. We don’t know. I don’t think that that’s appropriate. You received a letter from the Parks Department. Did everyone get a copy of that? That’s pretty much consistent with the conversations that we’ve had with Mr. Kuntz in the past. We have had multiple meetings with him and discussed the needs of the Parks Dept. What they want to see. Exactly what type of location they would want within our project and we also consulted the City of Boise to discuss parking ratios, number of ball fields that could be accommodated, sizing and so forth, to make sure that we were on the right track. Mr. Kuntz has obviously sent a letter that he thinks it would be a good idea if we could resolve the sewer problems. I will go ahead and stop there and bring Mr. Dobie up. Borup: Becky maybe just one item that you touched on again that can maybe some clarification from last meeting that was on the upgrade—the parallel line. What was the capacity increase that you was anticipating from that? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 9 Bowcutt: If we ran that parallel line we have two choices. We looked at upgrading the line from a 12 to a 15 or going ahead and running a 12 inch parallel line to fix the bottle neck within the Crestwood Development. I believe it was approximately 2,800 lunar feet and according to the analysis it added between 900 and 1000 or 1200 hookups would be available. It all most—it doubled the capacity by going in and rectifying that from what the existing capacity is. Mr. Dobie here? Come on up. Dobie: Mr. Chairman, Commissioner's my name is Pat Dobie. My business address is 777 Heartstone Drive in Boise. I prepared this traffic impact study for the Bear Creek Subdivision project and if you like I could just walk through and explain the methodology that was used and some of the conclusions of the study. Borup: Commissioner's, how much detail would you like? Hatcher: I am trying to remember what the specific traffic issues were from our last meeting. Borup: I don’t know if there is anything specific. There was just questions and concerns and what the effect would be. Barbeiro: As I recall I remember the neighbors were very concerned about the traffic impact on Stoddard Road, especially the intersection on Stoddard and Overland. Borup: Okay. So Stoddard and Overland would be one area. Hatcher: Yeah and I do remember—if you could specifically address the ratings of the intersections in this study with Bear Creek. If Bear Creek was to be put in, basically we are looking at LOS’s of d’s pretty much around the entire area and how you came about getting—I would like to have a better and clear understanding on that because I think ACHD had some suggestions that might assist in bringing those up to a better grade. Borup: Okay, so I guess we are saying we don’t need a full report unless there is something that you felt (inaudible) other than interested in Stoddard and Overland intersection and then how this project would effect the other intersections on their level of service. Dobie: Okay. Let me try to address those issues. This study follows a procedure that has been established by the Ada County Highway District and the Idaho Transportation Dept. for evaluating the impacts of developments. What they look at is the capacity of the roads and the capacity of the intersections at some year of the future. In this case, I went to the year 2005. We looked at the condition of those facilities without the project and then I went through and calculated the capacity of those facilities with the traffic from the Bear Creek lots. A level of service standard is used to describe the capacity. It’s a value standard ranging from A to F, where A is very high capacity, very free flowing intersections and roads and F is a condition where the volume of traffic Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 10 approaches the theatrical capacity of the facility. In many cases, the volume of traffic can exceed the capacity, but it is an undesirable condition. The Ada County Highway District has adopted a level of service D as the standard for arterials and for system roads and in some cases they allow the level of service, an acceptable level of service, in the E category for certain roads that have very difficult fixes, like Fairview Avenue for example. In looking at the baseline capacity of all of the roads and intersections surrounding this site for the year 2005 without the project, they average from level of service A to level of service D, with D being the Overland Meridian Road intersection. In the year 2005, with the site generated traffic from the development, the Overland Road intersection will continue to be a level of service D. Calderwood and Stoddard intersections would be at A and the Victory Road would be at C. All of the—both Victory Road and Meridian Road would be at A and Overland Road would be at D. The highway district reviewed these and reached a conclusion that this complied with their standards and that was outlined in their staff report, fact and finding letter X, I believe. In reaching that conclusion, the highway district made a series of recommendations. They required of the applicant to put turn lanes on Overland Road at the Stoddard intersection and in addition to that, there will be a contribution of impact fees from this development in excess of $300,000. That $300,000 will be used by the highway department to do additional improvements to the system. With the widening of Overland Road and the construction of left turn lanes, they deemed that the system would be adequate to accommodate it. The second part of your question dealt with some of the—there are certain turning movements where the specific level of service for those movements during the peak hour period is in the F or E category. Those conditions exist because of the traffic and because of the geometry on the arterials and are more related to the conditions of the arterials then the traffic volumes. For example, turning out of Calderwood in the afternoon and trying to make a left hand turn is a very difficult move. The reason it is so difficult is because of the high traffic volume on Meridian Road and the high speed on the road. The volume of traffic doesn’t really affect that condition and there are some ways to improve it. Probably the best solution is to put a traffic signal at the Victory Road intersection at Meridian Road. Unfortunately the traffic volumes aren’t sufficiently high right now to warrant a signal, but as the area grows and as more people use that intersection, it will reach that condition in the future. Again, some of those impact fee revenues that are being generated by this project could be used by the highway district to fund that improvement. Where there additional questions? Borup: Any questions? Mr. Barbeiro. Barbeiro: Mr. Dobie, is the light at Victory Road the concern or is it Amenity where you come down and can’t see the intersection coming off of Meridian Road. I understood there were some concerns about putting stop lights at some of these intersections along Meridian Road. Your not familiar with the concerns— Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 11 Dobie: On Meridian Road? The site distance on Meridian Road should be adequate if your doing the speed limit. Borup: Thank you Mr. Dobie. Commissioner's have any questions for staff at this point. Barbeiro: Mr. Chairman I have some questions for staff. Becky made note of the four subdivisions that have lift stations as a part of their existing set up. Could you please elaborate on one of more of those and the conditions of which those lift stations were implemented and how those differ from this subdivision please. Smith: Thank you. Mr. Chairman, Commission members my name is Gary Smith. I am the City Engineer. I made a listing of the lift stations that the City of Meridian presently has in operation. We have 8 lift stations in various areas of the City. Some of these were installed for reasons that are, in my estimation, critical reasons and others happen for other reasons. The most recent lift station that has been approved and Becky related to it referred to it is the one at Vienna Woods Subdivision out in the northeast part of our impact area. That subdivision is located between McMillan Road and Chinden Blvd. on the east side of Locust Grove. It is approximately—it is a little over a mile from our existing gravity system at Summerfield Subdivision. That particular lift station was approved because we were protecting our area of impact from Boise City. The agreement that was reached at the time that hearings were held with Ada County Commissioner's, City of Meridian and Boise City to determine this east boundary of our impact area resulted in a stipulation or a commitment by the City of Meridian that we would provide sewer service, because this particular subdivision was an item of discussion at that time. The City Council agreed that this would happen, and it is happening in that manner. To facilitate that service of that area, we are in the design stage now for what’s been termed the No Name Trunk which is located approximately midway between Ustick Road and McMillan. That trunk will serve approximately three and a half sections of land and each section is 640 acres so you are looking at in excess of 2000 acres of ground that could be developed with that sewer service. The other lift station that Becky mentioned is the Ashford Greens lift station and that is located near the intersection of Black Cat Road and Ustick. That lift station serves approximately 500 acres of ground and or will serve, I should say. The incentive for the construction of that lift station had to do with the development of the golf course. That is the second nine holes that was recently completed and the associated developments around it. The developer of the Ashford Greens Subdivision was a co-sponsor of the construction of the lift station and the pressure lines. That lift station will ultimately eliminate an existing lift station that is located in Golf View Subdivision. In fact Golf View number 5 subdivision, which is the last phase of that sub, has a pre-construction meeting today for construction of that sewer. That lift station will go away. It will be abandoned. All the flow from Golf View lift station which is presently serving that subdivision, Cherry Lane Village Subdivision #1, Parkside Creek Subdivision will all now flow into the Ashford Greens lift station along with Ashford Greens, a couple of phases of the Lakes Subdivision, I believe Dakota Ridge also flows that way. That we term a Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 12 sub-reasonal lift station. Ultimately, that lift station will be replaced by a regional lift station that is located approximately ½ mile north of Ustick Road on Black Cat. That lift station would service the Black Cat Trunk which would ultimately end of at the front door of Bear Creek Subdivision. Under long term development or ultimate build out of our referral area, which is south of our impact boundary between Kuna Meridian Road and I think we are a quarter mile south of Amity with our impact boundary now. All that area south to Columbia Road flowing into the Ten Mile Drain, some of that flow is going to be diverted in the Black Cat Trunk. All of this sewer planning has come about through a master plan. The City of Meridian contracted with JUB Engineers to develop this master plan. Develop these points of diversion for ultimate build out has developed 10 year projections for building in the City of Meridian, the sewer lines that are going to be necessary. My concern with this development, as I have given you in the printed material, is that we are pumping from one drainage area to another and right now we see 326 lots being proposed for this development. I don’t know what else is in this area that will come along later, but as I mentioned in the written material I can envision that as soon as the dust settles from the first start of the street excavation, the City of Meridian will see applications for development in that area adjacent to this subdivision. My concern from that standpoint is that we are looking at just this subdivision, if the City Council who give me direction for implementation of sewer lines feel that this area needs to be considered for development, obviously that is what I will look at. I will look at a larger area. By that I mean, an area where a lift station could be installed perhaps at a point on Overland Road, one third of a mile west of Linder, which seems to be a low point, I believe, on a drainage there. Where this is pumped, I can’t say right now. Whether it is pumped north on Linder Road and into this line that is being proposed to parallel pipe, or if it is pumped somewhere else, I don’t know. It is a lot bigger project than what is being proposed now. We have not looked at that totally because we are so much involved in development in other areas of the city. Just to give you an idea ***END OF SIDE ONE*** Smith: Eleven hundred homes capacity in the Ten Mile Drain right now that can be built. Victory Road and South. That is a ten year projection for that area for building. The applicants proposal to parallel pipe the sewer line in Linder Road and through Crestwood Subdivision for a distance as I understand it, it estimated somewhere around 210 or 220 thousand dollars. We need to implement a sewer trunk fee that all development should pay for in the City of Meridian to facilitate the construction of the sewer trunks. It is either that or bond issues because these are expansions of our systems and we can’t use the monies that we have to develop these lines. As I understand it, the applicant is not willing to enter into trunk line fees along with the cost to parallel pipe. That would take 326 units out of the formula for financing the future extension of the Black Cat Trunk Sewer. The other lift stations I can go through then if you like. They were installed for various reasons. There are some that are pumping into their designated drainage’s but they are not able to get there by gravity because there happens to be a piece of ground that is undeveloped and they were not able to Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 13 extend the gravity sewer and there are some that are pumping into another drainage and they were done for whatever reason. It was not a critical reason. Becky is right. There is a precedence. I am just concerned that this is going to be a big precedent for this whole area and these other ones haven’t been large area developments. They have been smaller subdivisions. We do have an obligation to provide service in our impact area. That is part of the agreement that we have with ADA County Commissioners. There is a time limit. As long as we claim the area, if the time limit went by and we had not provided service with that area, then I would assume that someone else, another entity, could request the County Commissioner's to amend the area of impact boundary in a particular area where we are not there with sewer and/or water. Borup: Any questions for Mr. Smith? Hatcher: In regards to the Ashford Greens lift station, could you enlighten me a little bit as to why the lift station was built for that particular area in lieu of starting the construction of the Black Cat Trunk since the we are only talking about a mile or less to be able to facilitate that. Smith: Mr. Commissioner, Chairmen and Commissioner Members there was an agreement between the City of Meridian at that time, Council and Mayor, and the developer of the property to build this lift station. The size of the trunk in Black Cat is I believe 33 inch diameter pipe and the actual location of the lift station in Black Cat Road is like I said earlier, a half mile north of Ustick. It is a regional lift station. It would be a huge facility to be accepting capacity flows from a 33 inch diameter pipe. There just isn’t any way you can finance kind of an installation based on the limited amount of property that was to be developed. We have the line that was constructed in Black Cat Road as a 12 inch diameter line. Everybody knew going in that that was not the final line that was to be constructed. Whether or not it is a throw away line I don’t know. Perhaps it can be parallel piped with another pipe to give us a 33 inch diameter. I am not sure of that. By extending that, building that lift station, extending that line, Turnberry Subdivision was able to be developed which is approximately 40 acres I believe of single family homes. All of Ashford Greens. The west half of the Lakes at Cherry Lane Subdivision was able to be developed. Dakota Ridge was able to be developed. There is probably other property along the west side of Black Cat Road that can be developed and accepted flow channeled into that lift station. The southeast corner of Black Cat Road and Cherry Lane Road, 40 acres, has been owned for I don’t know for how many years, by a party in Nampa and they’ve wanted to develop that. The north half of that property can flow by gravity into this lift station also. This lift station also gets rid of a lift station that’s been operating since Cherry Lane Village No. 1 went into effect in 1980. This lift station accomplished a lot of things. Hatcher: So how many houses do you feel that that particular lift station has served with all of the subdivisions that are south of Ustick between Ten Mile and Black Cat all Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 14 the way to Cherry on Black Cat and even further south than Cherry along Black Cat, all being served by this lift station. Plus potential for future growth on this temporary lift station. Smith: Well the service area for this lift station is approximately east of Black Cat between Ustick and Cherry Lane plus probably a quarter south of Cherry Lane from Black Cat east to the east side of Park Side creek. I guess that goes all the way to Ten Mile Road. I don’t know how many homes are in there and I don’t recall the capacity of the lift station. I know right now it is operating on the very low end as far as run time and volume of sewage being pumped. I just don’t have those figures in my head to tell you what it’s capacity is. It does have capacity to serve all that area. When the lift stations are designed, we have to use a number so we assign a certain density and dwelling units per acre against the service area for the lift station. That is how it is designed. Hatcher: Were any of these developments or subdivisions—was the trunk fee established at that time. Has the city gotten any money allocated to the Black Cat Trunk because of these developments. Smith: No. There are late comer fees that were assessed against the installation of the lift station and the pressure line. We do have one subdivision that was proposed, English Gardens I believe it is called, that would be subject to a trunk line fee. Borup: Can Mr. Smith one question on your comment. I think you said that you understood that the applicant was opposed to a trunk line fee. Smith: Yes. And the construction of the parallel piping combination. Borup: I may ask for clarification on that. The staff report said otherwise. That’s why I was confused. If I read the report right, they were talking about the—Shari or who ever wrote that is that correct a thousand dollar— Hatcher: The impact fee was $1500 per lot. Borup: Well, that’s what I thought was mentioned at one time was $1500. Staff report said something about $1000 surcharge. I believe the $1500 was mentioned in past testimony. Hatcher: I was just chunching that. If we have 300— Borup: It is my understanding that was a trunk line fee. Hatcher: It was a trunk line impact fee. I believe, I think the applicant can clarify this but I believe that the agreement was that they would improve the bottleneck and create Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 15 the capacity that they need for this project without impacting the existing capacity and the project would also be subject to the impact fee of $1500 per lot, which is roughly $489,000 from this project alone that would go to the Black Cat Trunk. This lift station would serve approximately about the same as the Ashford Greens lift station has a potential to do. That didn’t generate any money. Borup: That was our understanding. They were proposing both. Smith: Mr. Chairman, Commission members, I’ll just read Item No. 2 on their impacts on Ten Mile Drainage. It says the applicant had requested the $1500 special sewer assessment include the Ten Mile Trunk upgrade. Hatcher: Include. So we’d have to take the cost of that improvement out of that. What was the anticipated— Smith: Include. That’s a response. That’s the way I read it anyway. Borup: Your saying that it was 210 to 220 on the improvement. Hatcher: That’s a request of theirs. What is the approximate cost of that upgrade? Do we have any idea. Borup: $210 to $220,000. Hatcher: So we still to get a quarter of a million dollars for the Black Cat Trunk off this project. Smith: The Black Cat Trunk is estimated at $8.5 million dollars. Hatcher: Got to start somewhere. Smith: Yes sir, you do. Barbeiro: Mr. Smith, Becky said that this particular project would be less than one per cent of the plant capacity now. Could you tell me where the capacity of the plant is now and if she is correct in that one per cent plant capacity. Smith: I can tell you where the capacity of the plant is right now. I don’t know on the one per cent. Barbeiro: Okay, what is the total capacity of the plant guessing that you would design per home or— Smith: We’re at 4 million gallons per day capacity right now. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 16 Barbeiro: How does that equate to a number of residents. Smith: When the plant was designed initially it was designed at 2.82 million gallons and population equivalent of 22,500 people. If you divide that, I’m sure what the answer to that question is –just a second. Approximately 7500 homes. That’s about 376 gallons per day per home. Barbeiro: So the 4 million gallons capacity right now would account for about 35,000 people. Smith: Approximately, yes. Barbeiro: This project with 326 homes would bring in about 800 people. It would take about 2 per cent of the capacity of the plant. Smith: About 900 people. Is that what you said Commissioner? Barbeiro: Yeah, 800 or 900 people, about 2 per cent. What is the impact that the parallel line would have and what is your recommendation the way that the developer has presented the parallel line. Smith: The impact that it would have? Barbeiro: They presented it as an alternate to either waiting for the line or the other options that they have. I know that you have written in great detail could you summarize for me the public works evaluation of running that parallel line. Could you summarize that? Smith The impact of the parallel line? Well I think that the engineering that has been done said that it would add approximately 1000 dwelling units beyond the capacity required. Barbeiro: And does the Public Works Dept. agree with their assessments and would you recommend that as an alternate. Smith: My recommendation is not to pump into the, into that drainage. Barbeiro: Okay, thank you. Borup: Any other questions of the Commissioner's? We’ve spent a lot of time discussing but this is a continued public hearing. Do we have any one else in the audience who would like to comment on this application. Looks like everyone is here for something else. Becky did you have any summary comments you’d like to make. I Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 17 do have one question, Mr. Dobie made some reference to the traffic study. I am not sure if staff has a copy—do we have a copy of that? That is in the file. Is that right Shari? Did not get into the City Clerk’s office. That’s why I wondered if we had a copy for the file. If not, is that something you’d like to make part of the record? Bowcutt: Quickly, I’ll just answer a couple of questions that arose. As far as clarification on the special sewer assessment. Originally, if you recall when we submitted the application, part of our application was a letter that stated that we would like a special assessment to go into that fund for future funding of the Black Cat Trunk line. In that letter was that we suggested $1000. We just kind of picked a nice round number. Your staff' analysis, I think Mr. Watson indicated that they had calculated that they felt $1500 was more appropriate. That was the number which was imposed upon English Gardens which came before you last month. They were up I believe the same night we were. Of that $1500 your correct, would generate $489,000. Since we were creating some additional capacity above and beyond ourselves, we had hoped and I want to say hoped, that the $200 to $210 thousand dollars spent upgrading the Ten Mile line would be a part of that $489,000. That is now I responded to staff’s comments. Obviously, that would be a determination made by this body and the City Council. We did feel because we are creating 326 homes and we create a capacity of around say 1000 and we’re 326. We are adding something above and beyond what we would be using. As Mr. Smith said, there have been many reasons why these lift stations have been allowed in the past. It has always been a decision of the City Council and in most instances based on circumstances and benefits. We feel that we provide a benefit here that warrants this and based on our circumstances, our location of being next to a sewer main line, that we can’t access. We feel there is something unequittible about that. That’s it. Borup: Any questions? Okay Mr. Hatcher. Hatcher: Becky, setting aside the sewer issue on this project, have you and the applicant had more than ample enough time to review ACHD’s comments and suggestions. The Park and Recs comments and suggestions. Staff’s suggestions, if this project was approved—so on and so forth. Do you have any problems with any of the comments that have been sent back to you at this time. Bowcutt: We agreed with all of ACHD’s conditions. I concur with all the park directors comments. They are consistent with what we’ve discussed, as I stated before. I guess it all boils down to the issue of the sewer and I think the only other thing I commented on was Item 8 and was storm drainage. We believe that there should be some hand in hand work as far as storm drainage overflows are concerned with the eastern portion of the park. We’ve done that in the past with other projects such as schools and so forth. If we have a hundred year (Inaudible) it makes a big difference if we have emergency overflow areas for storm drainage purposes. This is some that would be technical issue that would have to be worked out with the Parks Dept. and the staff. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 18 Hatcher: In a nutshell, if I understand you right what you are saying is that you want to work in agreement with the City Parks Dept. to use the eastern portion of the donated park as the on-site retainage for the overall site in a storm 100 year flood plane system. Bowcutt: No sir. That would not be our only no, no, no. We have other storm drainage facilities throughout the project. That would be an area just would serve kind of that vicinity as an overflow area. What I explained to Mr. Kuntz, he envisioned stag ponds, severely depressed areas. I said no, with a site of that size we would not –you know you’ve got a lot of area. You don’t need to swale it or put ponds in. No, that was not our intent at all. We want the park to be usable so I believe he qualified his comment that we would have to comply with any wishes of the Parks Dept. concerning storm drainage discharge. The park would not serve as a retention or drainage area for street run off without approval from Parks and Recs Dept. We agree with that condition. Borup: Your saying as an emergency overflow would be something that would still be a grass area—a usable area, play area what ever. Bowcutt: Yes. We have done it with elementary school playgrounds also. Over in Kuna and in Idaho Falls where we have a substantial storm event then you have the ability for that overflow just to go out into grassy play areas. Barbeiro: Becky you said that the 326 homes would account for less than one per cent of the capacity of the sewer at this time. Mr. Smith tells us that the capacity of the sewer is about 32,000 people. Using what I believe is a conservative figure of 2.75 people per home, that would give your subdivision about 900 people in that subdivision. That would account to closer to 3 per cent of the capacity of the sewer, not less than one. Is that correct? Bowcutt: That depends on what your looking at. I believe Mr. Smith was looking at what is the current capacity of the plant. The current capacity is 4 million gallons. The future capacity after this upgrade that is in the works at this time will be 8 million. How we calculate it is we calced approximately 3-1/2 bedrooms which gave us 275 gallons per day per home. Obviously multiplying that by 326- it was just a little bit under 90,000 gallons per day, so if we look at 90,000 gallons per day and take a percentage of the 8 million which will be the size of the plant after this upgrade, we are up to 1.12 per cent of capacity. Borup: Any other questions for Miss Bowcutt? Thank you Becky. Commissioner's. We still have Item No. 2 on the annexation and zoning open. Hatcher: I have one more question for staff to hopefully wrap this up for me. Question is, in regards to our last meeting last month we were talking about the lift station that would service Bear Creek—whether it was going to be a temporary lift station for the Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 19 subdivision it self and I believe that staff’s recommendation was that a regional lift station down around Linder and Overland be put in to service a larger area. Could you elaborate on that because I feel a conflict. If we put in a regional lift station in that area, we saying okay we now have the capacity and ability to service this large area which in fact we don’t—not until the Black Cat Trunk comes in. On the other hand if we look at this project and this project only so that we don’t establish a precedent setting scenario I am envisioning more maybe along the lines of this subdivision being built with gravity flow sewer if the black cat line existed. At that point to where it would connect to the Black Cat line temporary lift station be installed, at that point connect it to Ten Mile and then abandon it when Black Cat gets there. Can you elaborate. Smith: Mr. Chairman, Commission members. That was the original proposal, yes. We do know however, there is a 40 acre parcel on the west side of Stoddard Road that is owned by the same, or at least has the option by the same developer. There is property at the southwest corner of Stoddard and Overland that has expressed interest in developing. I think if, ideally, if you take just the Bear Creek Subdivision and you plug it into a lift station, you’ve got one situation. Realistically I think what is going to happen is that there are other properties adjacent to this that will want to develop in the near future. So, if you look at it from a longer point of view or a longer term, then you go west and you go to Overland and Linder or somewhere in that area and you plan for this whole area to develop. I really thing that is what will happen. It is going to be another developing area of the City of Meridian. It is not just an isolated and I same not just, because this is a large development, but just this development—I don’t think this is as far as it is going to go. Hatcher: But if the regional lift station was put in to allow for future development, besides this project, how does that effect Ten Mile. We are all ready talking about not having capacity for this project. How are we going to have capacity for other projects. Smith: Well it is a trade off is what it is going to be. Unless, you pump this into the Black Cat drainage and get it far enough north where it flows into that existing or start building that Black Cat Trunk. Otherwise, if you pump it into the Ten Mile Drainage, we are going to have trade-off with gravity flow up stream south of Victory Road for example. That is where this pumping becomes a real problem. You have to establish some ground rules if you start it. Capacities are capacities and there are just certain things you can do to increase those capacities. The existing trunk lines that you are dumping into are you capacities. Those are your restrictions. I understand exactly what you are saying, but there are really two different scenarios that need to be looked at. If the approval is given for just Bear Creek Subdivision, then that is one thing. That is not going to have the impact that the whole sub-regional area will have, obviously. They are two different things. I just don’t know if you approve one, and then you get an application for the 40 acres across the street and you say no, I’m sorry you can’t. I am not sure how far that one will fly. I just don’t know. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 20 De Weerd: So, in your opinion this is a fringe property and by approving it with a lift station, it would only serve that development. Your thinking then our boundary moves and then the next property would be a fringe property. Smith: Yes. We have seen that happen with the Golf View lift station. That think has moved three times, I believe. That lift station itself has moved three times. It has been upsized as it is moved. Smaller scale, but similar situation. Hatcher: What governs the boundary? Why would it move once it is established? Just because it is going to Ten Mile, why would you incorporate all of Bear Creek as part of that? Smith: It is not where your pumping, it is where your gathering it up by gravity that moves. That point of collection moves and it moves with the topography of the ground. As a lift station is situated and the pressure comes to build down stream of the lift station, then you can do one of two things. You can move the lift station down stream and pump back, or you can build another lift station and pump back into this first lift station. That is not a particularly good scenario, so you move the lift station to accommodate the additional ground that wants to develop. De Weerd: But it would not be sufficient to say were are not setting a precedence today that your fringe boundary would move with this development. Smith: I believe that it would—that there would be sufficient pressures to move to the west. Hatcher: If it was designed for gravity flow based upon the Black Cat Trunk impact area, then were still—that project would still be part of the Black Cat Trunk because that is how it was designed for gravity flow. That point of which all that subdivision connects to, but that point to a temporary location at Ten Mile is a temporary service for the subdivision itself and that is it. Smith: Yes. Hatcher: We would not be setting a precedent for future development because we can’t connect to that lift station because that lift station is only for this project. In return, they would be fixing a problem in the middle of the city that would allow them to build the project without impacting the existing capacity. In fact, I think it would be improving it and it would be generating money for a Black Cat Trunk which is the big problem. So I kind of think—I can of see that with a little bit of give and take, it is almost a win, win situation. Smith: Commissioner, I will certainly agree with you on the impact fee, the trunk fee. We don't have a problem with the sewer capacity in the middle of town now. We have a Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 21 problem –we would have a problem with this development with parallel piping requirement. I still believe because of what I’ve seen happen in the city in the past, that that lift station there would be pressure to move that even through as you say, the sewer lines, the trunk line in Bear Creek will be built so that it can be continued on as part of Black Cat Trunk, the lift station could go away, be abandoned. That is what we have done in other areas of town where the trunks have been extended and weren’t for one reason or another when the development went in. Lift stations are abandoned and it becomes part of that trunk line. I also feel strongly that that lift station is not going to stay there for very long. It may stay for the development of this subdivision and 326 lots will probably take, with the rate lots are selling in Meridian, I don’t know, 5 years maybe, something like that. That’s 70 lots a year and that’s a month worth of building permits in Meridian typically. It will be there for that length or time, but it won’t be there any longer. Barbeiro: I have another question for Becky if I may please. Becky, Mr. Smith talked about the need to possibly move the lift station one or more times. Considering perhaps seven years out when the development is complete, there may be needs to move the lift station in 7 to 10 years. Would the developer be willing to incur the cost of moving the lift station one time. They might have to change it two or three or four times. That’s not reasonable to assume the developer would incur the cost of that many moves. Bowcutt: To answer your question, in instances that I am aware of where lift stations have moved, the city did not incur the cost to move them, the developer incurred the cost to move them—meaning the subsequent developer down the line. What Mr. Smith indicates is that somebody installed a lift station and it was designed to service only that subject property at that particular time. Then somebody else came to the city later and says I want to develop, but I am even further away then he is, so I am going to pick up that lift station and move it. That next gentleman pays for the upgrade. In this particular Golf View one, I think he is indicating it moved 3 times. In my opinion, if the issue of the domino effect is of concern, the city has the ability to limit it. Like I said, I challenge somebody to come in with this kind of density, this size of lots with the amenities and the public amenities to the city. It is going to be hard to match. Really hard to match. The city could put its foot down and it was talked about this is the fringe and then does the fringe move. No, the fringe doesn’t move. The fringe stays the same. A portion of this property is in the Ten Mile Trunk. The southeast portion, if you recall from the little map I drew you last time. So does the fringe move—No. I am still on the perimeter of that drainage area. So the city, as far as justification could turn and say well the line is there. Your beyond. Your not fringe, your west. The other thing I want to bring to your attention is the fact that the Ten Mile Trunk will eventually be deterred into or intercepted by the Black Cat, if you recall that discussion also. Eventually, Nine Mile, Ten Mile will all be diverted into the Black Cat in the future. What we send down Ten Mile eventually will work its way into the appropriate Black Cat future trunk line. I think that is another important issue that we need to recognize. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 22 Borup: Becky, would the current location of the lift station be able to service any property to the west without moving it? Bowcutt: I wouldn’t want to answer that question because I don’t have a topographic map of what is west of me. I believe staff is correct that the low point in that vicinity would be around that Linder road area. I think Gary said 1/3 mile west of Linder is typically the low points of the drains and everything kind of slopes in a northwesterly direction typically. Borup: Thank you. Commissioners. We can discuss this. We can discuss with the closing this hearing and we still have the option of asking staff anything. Barbeiro: Bruce is that customary the way that Becky describe it where the subsequent developer will pay to abandon an existing lift station and built a new one. Freckleton: Commissioner Barbeiro that has happened. I believe in Golf View, the case there the original lift station was installed by Cherry Lane Village Sub 1. It was relocated. The lift station that was in Cherry Lane was abandon. There was a new lift station built in cherry Lane Village. That lift station had to be built to accept the flow from Cherry Lane and Parkside Creek so he did incur costs to in essence to move the lift station. Borup: The city did not. Freckleton: Correct. Hatcher: Mr. Chairman, I make a motion that we close the public hearing on Annexation and Zoning of Bear Creek. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Okay, probably appropriate for discussion. Would anyone like to step in first or do we want to go down the line. Barbeiro: So much of the discussion comes back to the funding, direction and priorities of the sewer lines as set forth by the City Council. These are items we can not have power over. If we were to recommend and City Council were to approve this, it would then come to City Council to prioritize, fund and direct sewer lines in this area. The two exceptions that Mr. Smith made note of—one was intended to keep the City of Boise out of our impact to service an area so that the City of Boise would not take it over. The Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 23 other was to add the nine holes to Cherry Lane. Both of these exceptions appear to me to be more political exceptions and (inaudible) exceptions then they were critical. I do agree that by approving this we would move the fringe boundary and be setting a precedent for future development in the area, but as it is now I would recommend to City Council that we approve this and leave it to them to direct, fund and set the priorities for the sewer in this area. If they so choose to approve it, then it become to them to develop those priorities. Borup: Thank you. Commissioner Hatcher. Hatcher: Basically, the way that I seeing it is if we were to go ahead and approve it, this is not only an asset to the city in regards to creating funds for the sewer, which is such a big problem. We’ve got a potential solution or start of a solution. Second, this town is screaming for parks and here we are being given a rather large park. Plus, this development, although it is 326 houses, it is an extremely low density development. Far lower than the average subdivision in this town. I see that—I wouldn’t classify this as breaking the rules. Maybe bending it a little because it is on the fringe, but I disagree. I don’t think that this is precedent setting. I say that we keep the boundaries for Ten Mile and Black Cat as they are because that is established by geographic location and the reason that I think we should approve it is because this property is in both drainage’s. We build it for Black Cat. We temporarily connect it for Ten Mile, because it is in both. That way we get the benefit of it. Borup: Thank you. Commissioner De Weerd any comment? De Weerd: No. Borup: I guess one of the factors that had a lot of influence on me is the statement has been made over and over that we need some money for the Black Cat Trunk line. We went through a whole list of subdivisions—at least 6 subdivisions and capacity for others that are all ready on a lift station that was put in. Specifically for those. The opportunity to get a fund going—the earlier concern was taking away capacity for the Ten Mile Trunk by running the parallel line upgrading the other, they’ve eliminated that problem. They created a capacity of approximately which beats 674 more of what they are adding. If those 1000 homes were allowed to be developed, at 1500 per home, that is a million and a half—including Bear Creek that would be a million and a half that could go toward the trunk line fund. Even if the $200,000 is subtracted from that. That would be 1.3 million. We all ready have some coming from English Gardens. It would be close to two million dollars, which is 25% I think of what the estimated—was it 8 million—am I remembering right. Probably more by the time it is ready to go. It is a start. I think that is all I’ve got to say. De Weerd: Mr. Chairman. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 24 Borup: Oh now you decide to say something. De Weerd: Well yeah. It’s been hard to stay quiet. I’m really not concerned about opening up the land for future development. I do agree with Commissioner Barbeiro that that needs to be a direction from City Council and something they need to look. They do have a master plan in planning and those plans are put in place so, Gary’s concerns are very valid in that respect. However, I do see how this development can benefit our community with the park land. I certainly appreciate design and the density that it is a lower density. I don’t think we are going to set precedence with the fringe. In my opinion the fringe is not going to move. It is going to stay where it is, but I really hesitate. I know how strongly staff is opposed to this and I really have a problem going against one of their—such a strong objection. Borup: I think we all have that same feeling. All we are going to be doing is recommendation. De Weerd: That’s true. Borup: I think I like Commissioner Barbeiro’s idea. Let City Council-- I am ready for a motion. Barbeiro: I move that we recommend to City Council annexation and zoning of 150.79 acres of land for R-4 Zoning for Bear Creek, LLC. Hatcher: I second it. Borup: We have a motion and second. All in favor. That’s 2 ayes and 1 nay. MOTION CARRIED: Rutherford: Point of clarification. Is that to include staff comments, some of staff comments, little of staff comments, maybe none of them. ***END OF SIDE TWO*** Borup: Staff did not end up making on single recommendation—well sorry. They did make one. De Weerd: They made a strong recommendation. Borup: Yes they did. I take that back. They did make one strong recommendation with a lot of options and alternatives and etc. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 25 Barbeiro: Mr. Chairman if I may amend –we’ve all ready approved something without an amendment. How do we. Hatcher: Just amend you motion and we will vote on the amendment. Rutherford: Actually, at this point if you just clarify your motion to what you met to include, I’ll act accordingly. Barbeiro: Mr. Chairman, if I may amend my motion to include all of staff comments for recommendation by the City Council. (inaudible) Borup: So including even the recommendation to deny? Barbeiro: Yes. De Weerd: Commissioner Barbeiro. I know I can’t vote on this since I voted against it, but are you also going to make a motion on the impact fees and applying to the improvements or that they would do both. Borup: Let me ask this question for staff. Would the item of the trunk line impact fee, etc., would that apply to the annexation and zoning or under the preliminary plat. Rutherford: I believe that it would be the annexation and zoning and part of the development agreement. Hatcher: All the requirements, conditions and everything that we want on this project needs to be done during the Annexation and Zoning. Rutherford: Correct and as a clarification, I believe the request for the Development Agreement Requirement is in staff comments, so that would not necessarily need to be part of your motion, but the question by Miss De Weerd would. Borup: I think we need clarification on the amount of the fee since two different amounts have been mentioned. One staff comment that mentioned a thousand dollar fee. In public testimony it had been mentioned and other submittals on the $1500. That is the clarification probably. Maybe if we have a recommendation on whether the two hundred and some thousand for the upgrade would be credited toward that fee or in addition too. Hatcher: Can I amend your motion? Okay, basically what I would like to have this—I’d like to have all (inaudible) comments from ACHD, the staff, parks and rec., the whole kitten caboodle, except for the denial of this project, be part of the commitment of conditions for annexation and zoning. I would like to have the developer pay for the entire cost of the Ten Mile Drainage improvements over Franklin and Linder— Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 26 Crestwood subdivisions so that and I’d also like to see that this project in addition to that implement the $1500 per lot trunk fee. I’d like to state for the record, and I don’t know how we can legally—if there is anyway we can legally put this in there but I do not want this to be construed or considered as a precedent setting that the lift station as required would be for this project and this project only and that the sewer for the subdivision be designed according to the gravity flow of the Black Cat Drainage. I think that is it. Barbeiro: I would still like to have— Borup: I just (inaudible) clarification even though the $1000 was mentioned earlier the staff recommendation was $1500 per dwelling unit. That is on page 4 of their other staff comments, Item2. That was specifically written that way. Hatcher: I was recommending $1500. Borup: Right. You just repeated Item 2 on the staff comments. That’s okay. Barbeiro: I would still like to have Public Works recommendation for denial included. Borup: I think he all ready did. Hatcher: (inaudible) striking it. How can we recommend approval to City Council if we have staff comments recommending denial. Borup: City Council going to have the comments Steve. Rutherford: I can include that in the comments with the specific recommendation from the Council or from the Commission that indicates that you approve it despite the staff comments. Barbeiro: So Steve, from what we’ve put together here will you be able to make sense of this. Rutherford: I will work it out. Borup: Do you need another vote. All right good, thank you. ITEM 3. CONTINUED PUBLIC HEARING: PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE FAMILY DWELLING LOTS BY BEAR CREEK, LLC: Borup: This is a continued public hearing so we’d like to open the continuation. Staff, any additional comments? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 27 Freckleton: Mr. Chairman, members of the Commission we have nothing further to say. Borup: The applicant has nothing additional. She also indicated by the nod of her head that she would like to incorporate all the previous comments and testimony into this item. Hatcher: There is one thing I would like to add. I would like to add that the development, either the HOA or the developer, however they would like to work it out, that they incur the cost of maintaining the lift station until such time as that lift station be abandoned and hooked to the Black Cat Trunk. That the city does not incur maintenance costs. Borup: I would like to hear some comment from Public Works Dept. on that. Have you gone both ways or has it always been by the subdivision or how has it normally been? Smith: Mr. Chairman, members of the Commission the recent lift stations that we’ve done have included a maintenance agreement with the homeowners association for the subdivision to pay the cost of city maintenance of that station. It also paid the electrical, the telephone and all the other utility costs associated with that maintenance. Borup: So the city maintains it with billings to the HOA. That way you’ve got control of the quality of the maintenance. Do we have anyone from the public who would like to testify on this application. Seeing none. Commissioner's. Hatcher: Mr. Chairman, I move we close the public hearing. Barbeiro: Second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Hatcher: Mr. Chairman I motion that we recommend approval to the City Council for the preliminary plat for the proposed Bear Creek Subdivision of 326 single family dwelling lots by Bear Creek, LLC with the one additional condition of the lift station maintenance that we just spoke about. And, incorporating all staff and other reg. agency comments as described earlier. Barbeiro: Second the motion. MOTION CARRIED: 2 AYES ONE NAY Borup: Thank you. I think we will go through a few more before we take our break. We’d like to cover a few things. In case anyone has come in late, Item No. 8 or 9 on Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 28 the Walgreen’s application –the applicant has asked to have that item moved to next months agenda, November 9. We will not be hearing a presentation from the applicant but we are available for questions for comments if any one has come to do that. Will someone tell Kent that he can come in. ITEM 4. PUBLIC HEARING: VACATION OF TWO 10 FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE COMPANY—LOTS 5 AND 6 BLOCK 1, MERIDIAN BUSINESS PARK: Borup: Miss Stiles do you have a presentation? Stiles: Mr. Chairman, Commissioner's I’m not sure if they have a representative here. Okay, Jonathan. I just wanted to make sure that the application was a sketchy and it was a little hard to follow. I wanted to make sure it was understood where those easements are. I believe what they are asking for if you can see this, this would be lot 6 and lot 7 and 8. Although the notice went out to say lots 5 and 6 for a five foot easement on either side of lots 5 and 6. I believe they are also requesting the five foot easement on the north side of lot 6 and the south sides of lot 7 and 8 to be vacated. This would not include the Hunter Lateral Vacation. I think they may be able to address that if that has been relocated. I also wanted to make sure that they understood that we would want the lot lines to be adjusted if there was going to be a building on those. Other then that, I just wanted to clarify that because it was a little unclear from the application. Borup: Would the applicant like to come forward. Seel: My name is Jonathan Seel with the W.H. Moore Co., 600 North Steelhead, Boise, Idaho. Shari is correct. It is a 2 easements there. Ten foot easements. The one that is the southerly on is a little hard to read on this. We have a lot line adjustment though, so the next one down that one. We have a lot line adjustment but we don’t want to up a little bit. Right there. We do have a lot line adjustment but we have been told not to submit that until after this has been vacated. Anyway, it is that one where the arrow is and the one to the north. Those are the two that we are asking for Vacation of and as they say, as soon the vacation of the southerly easement is completed, we will submit the lot line adjustment for that. We have been told not to do that. We read the staff report. We have not problems with it. On the northerly one they plan to build a building on it as well as on the southerly one too, so that is the reason for the vacation of the easements. Utilities are on the street and the balance of the project as we done in the future, we have not put utilities or easements between the lots on the plat just because of this reason because you end of having to come back and vacate them later. Borup: Any questions from the Commissioner's. Commissioner Brown. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 29 Seel: The Hunter Lateral has all ready been moved. You can again kind of see that dotted line. It is an “L” shaped one. It borders right there along that property line and heads directly up there. That easement as it is shown there has all ready been vacated. The Hunter Lateral (inaudible) through the project. I am not sure why that is showing on there. Brown: Have you got your relinquishments of your easements all ready? Seel: We are in the process of doing that right now. We have given one to the city, which we were asked to do. TCI Cable, Idaho Power, U.S. West and Intermountain Gas. We will have those before the City Council meeting. I am getting some of those all ready. They have been done and we’ve asked them to acknowledge and notarize those. Borup: Any other questions? Thank you. Do we have anyone from the public who would like to speak on this application. Seeing none, Commissioner's. Brown: I move that we close the public. Hatcher: I second it. MOTION CARRIED: ALL AYES Borup: Commissioner's, do we have a motion? De Weerd: Mr. Chairman, I move that we recommend Vacation of the two 10 foot wide public utility easements to include staff comments. Hatcher: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES ITEM 5: PUBLIC HEARING: ACCESSORY USE PERMIT FOR PRE SCHOOL PLAY GROUP 3 HOURS PER MORNING-5 CHILDREN BY SANDRA LOVETT: Borup: Miss Stiles. Siddoway: I am not Miss Stiles but I’ll go ahead and handle this one. Commissioner's this application is for a day care which is 5 kids or less. An Accessory Use Permit because there was an objection filed with the city. We are required to send this to you. The highlighted there is the request. We would ask that all of our comments that are on Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 30 the October 6th memo be included. I don’t think there are any other outstanding issues related to the application. You should have a copy of the objection in your packets. Borup: Okay. Is the applicant here? Lovett: Sandra Lovett. 1835 S. Swan Avenue in Meridian. I am the applicant. I guess my situation in a nut shell, I have applied for the permit and have started going through the licensing process through the state as any full time child care would, or home day care, even though I am only just a part time half day morning play group program planned. Just being that I have been in the early childhood profession for about 14 years I just thought it was necessary to go through all the necessary steps to prove my commitment to the professional aspect I guess to the parents who are interested in my program. Just kind of hit the snag when one of my neighbors did oppose the idea because it is stated in neighborhood covenants that there are to be no businesses run out of homes. However, before we purchased the home back in May, I spoke with the president of the neighborhood association. He told me that they do make exceptions for family home day cares, being there is such a high need for them in our area as well as other areas. He had no problem with it, the neighborhood association had no problem with it, so we went ahead and purchased the house and went through with the plans to do this but as I stated before, one of the neighbors did object. According to the neighbor, from what I understand from the neighborhood association who has kept in good contact with me just to update me how things were going from their end, the main objection was not the traffic. It wasn’t the additional children because there is so many children in our neighborhood anyway. It was just the fact that it was going to be okay to let a business be run out of the neighborhood. He did not feel comfortable with that. He wanted to stick to the original agreement in the neighborhood covenants that said no businesses. The neighborhood association does not care to take a stand because they have made exceptions for other full time day cares. Hatcher: I just wanted to bring up on point on staff comments—Item 2. The City of Meridian does not enforce protective covenants and if the Accessory Use is approved the HOA would need to seek legal counsel to enforce their covenants. Borup: Did staff explain that to you? Lovett: Yes. Borup: Any questions for Mrs. Lovett? I’ve got one. Have you got a proposed group together at this time. Lovett: Parents and children? Yes. Borup: How many are within you neighborhood? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 31 Lovett: Just one. Borup: Do we have anyone here who would like to testify on this application? Seeing none, Commissioner's. Barbeiro: Mr. Chairman, I move we close the public hearing. Hatcher: I second it. MOTION CARRIED: ALL AYES Borup: Now we can do a motion. de Weerd: Mr. Chairman, I move that we ask the City Attorney to prepare Findings of Fact and Conclusions of Law for the Accessory Use Permit for preschool play group, three hours per morning for 5 children and that we recommend approval for it to include all staff comments. Barbeiro: I second the motion. MOTION CARRIED: ALL AYES ITEM 6. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A 3 BUILDING RETAIL COMPLEX OF APPROX 50,000 SF ON VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO: Brown: I just asked the Commission to advise me here. This is directly across the street from my wife’s personal business. I don’t see a conflict but I wanted to verify that with you if you felt that would be conflict for this potential business to be across the street from me and that I might benefit some way from that. Borup: Do you own the property or leasing. Brown: Leasing the property. Barbeiro: This would not be a direct competitor of yours? Brown: No. De Weerd: I don’t see any conflict. Borup: I don’t either. Any of the other Commissioner's feel that. Thank you. Okay, Shari. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 32 Stiles: Mr. Chairman, Commissioner's, this is for the vacant property located south of Dove Meadows Subdivision. This would be where Louie’s Restaurant is going. This is Capital Christian Center. This is also vacant, still in the County. This would be where the Shoshone Building and then across the street, I’m not sure which parcel would be— there would need to be changes to the site plan to comply with Ada County Highway District’s report. They are requiring a driveway to be located at least 200 feet east of the west property line and that this eastern driveway should be located adjacent to the property line, so that will have a significant impact on the layout of this project. The reason the conditional use permit applicant indicated he had no clue why he needed to have a conditional use permit, but because there are more than one principle building located on this lot, that is what necessitated their application for a conditional use permit. The Norco building is proposed to be here. I don’t know that they have any set tenants for any of this building they have here. I just like it to –the recommendation to reflect that no approval is being given for a drive thru service of any kind on this project. If they were requesting that approval, they would have to come back with a separate application. They are providing the 35 foot entry way corridor set back. They are attempting to buffer the adjacent residential use with a 20 foot landscape planting strip. I am a little concerned that we have no comment from the fire department based on some of the materials they may be storing here as far as flammable materials or oxygen, those types of things and what kind of special requirements they have for that and if there is a need for access around this building. Lacking any kind of a comment from them, I don’t know if you have any comments in your packets, but I was not able to find a comment from the fire department. They have proposed two different signage details. One of them is a 6 by 5 foot monument that I believe would be located in this area. The other one they are proposing is 25 feet by 15 feet. Staff would recommend that not be approved and that they be limited to the 72 square foot minimum— maximum—that has been approved for other projects along this Fairview Avenue corridor. I would like to see the advised plan to reflect what they are going to do with those driveways. It will make a difference in this site plan and I do think we need to be able to see that site plan prior to approving it. That’s all I have. Borup: When you say driveways, do you mean the cross access driveway. Stile: Yeah, the full size plan— Borup: Was ACHD proposing moving the access onto Fairview were they. Stiles: Yes. That’s what I read from the report. They want a 200 foot offset from their eastern property line, which would put it roughly there. Borup: Does anyone have any question for Shari. Commissioner Brown. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 33 Brown: Shari, ACHD made a special recommendation about an alternative transportation program and that they would have to annually report. Did you recommend that—that be done? Stiles: Did we recommend it? Brown: Yes, did you take their special recommendation and –I did not see it in the report. Stiles: Apparently, staff supported that at their meeting. I would not think we could support a recommendation, but not make it a requirement particularly for a 5-1/2 acre site. They did not make it a requirement for the family center. They did change that to make it a suggestion or to ask that they consider that, but it was not a requirement for a 74 acre site, so— Brown: That probably would not be appropriate I guess maybe for since you only know what one of the businesses will be. Stiles: We asked them to change that at the Family Center. Instead of required say encouraged. Borup: Did anyone else have any questions? Hatcher: ACHD I believe, recommended a cross access easement be established with this lot and the lot to the east. I am not 100 per cent why. Stiles: This property is not developed. It is just a single family home on it and basically kind of a contractors yard. That will be redeveloped into a commercial use at some time. Hatcher: So the cross access easement would be so that that smaller lot comes into Fairview off of this site rather than it’s own— Stiles: They would allow it still to have a driveway there, but say that your in this building and you want to go over to this building if something is built in there, so that your not having to access this huge arterial only to turn back in here. It is just to ease circulation between the lots. Borup: That is something they have been trying to encourage and prevent some of the problems that Fairview and Boise has. Shari I had a question along that line. I was (inaudible) why they weren’t talking about a access to the west. Realizing like you say that Shonone Building maybe not a loot of businesses there now but you know I could perceive that property being redeveloped also. Any thoughts along that. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 34 Stiles: I think that we should make that recommendation that there should be—this is all parking over here and then they are showing a driveway all round here so it would be our preference to somewhere have some cross access to get over there too. Borup: Looks like it would be able to happen with out disrupting their site design. Stiles: I think so. Borup: Thank you. Mr. Strite, I assume you would like to say something. Strite: Don’t I always. Borup: The thing I like most about your application is your signature. Strite: That is a stamp. Mr. Chairman, members of the Commission Billy Ray Strite, 1087 River Street, Boise, ID. I am here on behalf of Norco. I am the individual with no glue considering this is a C-G zone and all the uses that we proposed here are principle permitted uses within any zone standing singularly. Let me first start with the Ada County Highway District comment. Borup: Maybe not to leave that hanging there. Shari mentioned in her comments the reason it is, is because you’ve got more than one building. Strite: Yes. I now realize that. Let me start with Ada County Highway District comments. I did meet with David Split and Christine at the Development Services Group. The reason for the request to move the westerly driveway if you will access to Fairview Avenue, is to accommodate the new Ada County Highway District policy manual which requires 220 feet between access points based upon a speed of 45mph. As you probably all aware, Ada County Highway District is taking additional right of way. 2005, I believe, Fairview becomes 7 lanes, the speed reduces to 35mph. So, in doing that we suggested that what we would be proposed to do at this particular point of time is use the 220 foot dimension, if you will, from the easterly boundary access to the church property, which Shari has noted as the Shoshone Building. That would require us to move only our access approximately 20 feet—not even that. I think it was 18 feet to the east. That does not affect the plan at all. On the east side, she is absolutely correct and I think that Commissioner Hatcher brought this up, the reason for the cross access and I think the Chairman answered it, is because they are trying to encourage cross access between parcels as opposed to additional curb cuts along Fairview. We have absolutely no problem with that. In fact, what they would like us to do is, if you will notice that access now, it generally as you proceed south it turns to the west creating a little easier turning movement. We are going to turn that back to the east that would allow us to provide a cross access to the parcel to the east side, which is a single family residence now but certainly in some due time will become right for development. Relative to Shari’s comment in the access to the west, certainly we would not have a Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 35 problem with doing so. Ada County Highway District probably can tell you has been a little reluctant to go back to an existing owner and ask for cross access for new development. On the other hand, the new development in our particular case, would have absolutely no problems in finding a cross access to those to the west. I think that probably is Ada County Highway District comments. There is a 10 foot right of way requirement take. I noted in the title report that the existing center line to property line is 57 feet, not 50 feet so in fact the requirement for take is only 3 feet. I will take that up with Ada County Highway District Commissioner's if you so choose to approve this tonight. Relative to the fire department, my colleague here, Mr. Fitell has met with Mr. Voss. He also met with Dot Whitman. They went through the procedures. He approved the plan as you see it today. There are a couple things that we are going to discuss with him and that is the outdoor storage of some cylinders which may in fact require 1 hour wall on our westerly parcel—low line of the Norco building it self. The remainder of the building is going to be classified type 5N, so nothing else is required in that respect. I think with those comments I think what I’d like to do is open it up for any questions you might have and I’d like to see this thing approved tonight and let us move forward if we can. Borup: Any questions for Mr. Strite? Hatcher: Mr. Strite, is this facility being proposed as Norco going to be their typical distribution facility or is this an office facility for the over all company. Could you elaborate on its use. Strite: Mr. Chair, Mr. Hatcher I can do that yes. It is none of the above. Basically they have their home offices on Amenity Road. They have a 3 story office building which houses primarily their corporate offices. 4,500 to 5,000 square foot of this would be the actual on site office operations for administration. 5,000 square feet of this particular facility would house their medical facility which is has to do with oxygen equipment not tanks necessarily, but equipment. Medical equipment, wheel chairs, beds and that sort of thing and the remaining portion of it would be warehousing for outside units. In other words when they go out to a hospital or a care facility, they have to provide a certain number of units. They can come to this operation, pick those units up, take them to the hospital and/or facility then they are returned here, refurbished and put back into storage. Hatcher: Have you, you all ready said you sat down and talked with the fire department. Have you gone through with them the potential for H4 or H2 classification of those cylinders which could require you to have a four hour blast wall. Strite: Mr. Chairman, Commissioner Hatcher, we have done that. As a matter of fact we had originally envisioned that part of this would be H4. Because we were able to supply them with MSGS sheets for the appropriate materials and the sizes and the quantities, it was Skip’s opinion that this would not in fact be done. Number 2, all the Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 36 particular materials I am making reference to are stored on the outside, so we are back to the type 5. We would not be looking for anything other than M or S as opposed to a H4 or possibly H2. Hatcher: None of the cylinders being stored on this facility would classify into the H category. Strite: That is correct. Barbeiro: Mr. Strite, there is nothing on your plans showing me where there would be a fenced storage area for the outside. Strite: Mr. Chair, Commissioner Barbeiro the it refers to a covered dock and that would be on the west end of the building. You can see where the truck dock extends it would be the northwest corner of the Norco building itself. I have a large site plan if it would be of benefit. I assumed that you all—that is the area that those materials would be stored. It is covered and actually has 2 sides. The only open end would be the west. Barbeiro: Will there be deliver trucks running along there? I know that Norco has everything from a small Chevy trunk all the way up to large panel vans and then tractor trailers. Will we be seeing tractor trailer diesels in there coming in at 6am for deliveries? Strite: Mr. Chair, Commissioner Barbeiro, we are anticipating one over the road vehicle a month. If it is the wish of this commission you can set the time, I don’t think that that would be inappropriate. The others are all local deliveries. You have probably seen a number of Norco trucks or small vans. The northerly most truck dock that you see on the plan before you there is recessed 48 inches. The remainder is recessed 36 inches to accommodate small over the road vans and pick up trucks as opposed to anything over the road. Barbeiro: If memory serves me right, the facility on Amenity had a major incident several years ago where the area was evacuated because of the potential danger of explosion as there were a number of canisters that did explode there. With regards to the fire department and Commissioner Hatcher’s questions about the H rating, how can we be reassured with that building backed right up to homes that there are provisions in place to prevent this, and should it happen that there are evacuation procedures available to the neighbors. Strite: Mr. Chairman, Commissioner Barbeiro, the very (inaudible) questions; however, I can’t answer any of them. No. I think I could assure you, number one, let me tell you that I had no idea, and I have not read, quite frankly, the problems that you have referenced. I will suggest you, however, that that facility out there, if you’ve ever been there, is along side the office building and there is a large number of canisters that are stored within the building, and it’s a considerably larger facility. There’s been 60,000 Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 37 square feet here. We’re talking at max, the medical area, 5,000 square feet. Again, we’re storing what little we have in the MSDS in quantity sheets (inaudible) provided to Skip Voss, so I guess – my only suggestion to you is we’ve done what we feel is necessary, and I think that we’ve received the approval for your fire department, and I hope that that would be sufficient. We would take all precautions, obviously, and I believe that we have. Borup: Okay. Thank you. Brown: How do you feel about the staff’s requirements for the sign? Is that – is there any conflicts in what the staff report has said that other than being approved tonight? Strite: Well, that one is a tough one. I guess what I would suspect that under signage, it makes reference to the 11.2.4. My suggestion would be that we pass this resolution tonight with a proviso that the signs come back under separate application. That’s pretty typical every place else we do business. I quite frankly cannot respond to the signs. I’m not into the signs (inaudible) wouldn’t be any signs, but I know that’s unrealistic. In support of my client, I suggest that we pass it as it is and put the proviso in there as a condition that it come back under separate application. Seems a little more realistic than to tie that into the development as a whole. Hatcher: But as staff’s requirements, other than staff asking for a new site plan for the changes as required by the Highway District, you don’t have a problem with the staff report? Strite: No, sir. No. I think I find the conditions acceptable and certainly appropriate. Again, I think there is some (inaudible) the way I interpret the sign ordinance as it’s written here, they’re going to have to come back anyway. So in reference to your comment, I’d rather stay out of the signs if I may. I get myself into enough trouble as it is. Borup: Any other questions? De Weerd: Mr. Chairman. Finding that this will be a warehouse, do you have renderings of what these buildings look like? Strite: Mr. Chairman, Commissioner De Weerd, we do have, I believe the staff does have that in hand. The colored rendering, unfortunately, is sitting in Mr. Kissler’s office, but I see that there is also a condition here, let me see if I can point that to you, that we provide – here it is. Item No. 14. That we are to provide colored rendering prior to the City Council hearing. We have that rendering, and I apologize. I do believe we submitted an 8-1/2 by 11 color photo. Of the elevations. That was submitted as part of the original packet. The rendering itself, that was required by one of the conditions. It Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 38 could have been provided tonight; Mr. Kissler’s out of town, but I could have brought that this evening. Barbeiro: Yeah. I don’t have one. Borup: It never was – Hatcher: Shari, do you have – Stiles: There was one copy submitted. I’ll bring this up for you to look at. I would like an explanation of – there’s no north elevation shown. It shows a front elevation and an east and a west elevation, but I don’t see where the 31-foot high warehouse part shows from the front at all. Strite: Let me clarify that. The warehouse portion is 14 feet high with a 3-foot structural system so that the rear wall, I believe, is a maximum of 18’6”. The 31feet is the canopy that’s shown in the front; is the entry canopy. If I may leave the podium for just one second. This portion that she’s making reference to – Borup: We just want to get it on the – Strite: The portion that she’s making reference to, and I think it’s a good point, is the entry canopy in the front. That only extends back here 8 feet beyond the face of the building on the south side. The north side which is here is 18 feet that follows the northerly boundary along the north property line. I apologize. I think that there was really not much on the rear elevation other than block because of the massive landscaping. Yes. There are no openings allowed in that 20 feet. I believe, quite frankly, (inaudible) ordinance, we’re only by ordinance, allowed to – required to have a minimum of ten feet, but understanding, I think, what could potentially be a neighborhood concerns, and an 18-foot fairly massive wall in comparison to scale to a – *** END OF SIDE 3 *** scale is to move these back to 20 feet; heavily landscape it. I hope that would answer Shari’s comments or questions. Borup: Does that – did the Commission get a chance to see that well enough? All right. Thank you. Anything else from Mr. Strite? (inaudible) Do we have anyone here in the audience that would like to come forward and testify on this application? Seeing none, Commissioners. Hatcher: Mr. Chairman, I move that we close the public hearing. Borup: We have a motion. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 39 Brown: I second. Borup: And a second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Okay. We ready for a motion or would we like some discussion first? Barbeiro: Mr. Chairman. Borup: Mr. Barbeiro. Barbeiro: With the nature of the materials that are stored here; pressurized gasses, oxygen (inaudible), others, and without a report from the Meridian Fire Department, I would rather not make any recommendation to City Council until I have a written report from the Meridian Fire Department. I am very, very concerned that this building backs right up to a residential neighborhood with those – with the potential for explosives. Borup: Shari, is there – have you been in contact with the Fire Department or the Building Department at all? Did they – have they passed anything along to you? Stiles: They have made no comment at all on this project. Borup: I know, but don’t have anything written, so they have done nothing verbal, either? Stiles: Typically, they will at least say must comply with all codes or – Borup: Well, they always have on all the ones that don’t matter. Barbeiro: With the pressurized gasses, I’m surprised that – Borup: Okay. Barbeiro: -- one of the neighbors haven’t been – (inaudible) regarding this. Borup: Okay. We do have a comment from the Fire Department. Barbeiro: Where is it? Borup: Okay. Would you like me to read it? Apparently it didn’t get copied in the rest of our packets, in all of our packets. For the record, the Fire Department – we also have from the Police Department and the Water Department and everything else. They Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 40 were all standard. Fire Department said all codes, water supplies, hydrants with this project will need to be approved. Does that help you any? Barbeiro: Then I will defer to the Fire Department’s notice with that. Borup: I think we could put in our motion that we would like a little more information and clarification with the Fire Department to present to the City Council. Barbeiro: If we may then, I will do it. Borup: We can make any motion we want, you know. Whether it’ll do any good – No. I think in this case, I think that’d be appropriate. Hatcher: There’s two points of discussion on this issue, too. The first one is that a building of this nature based upon its building type and Certificate of Occupancy, they’re required to submit MSDS Sheets. They have to keep those current and active at all times. Basically at any time in the Meridian Fire Department could spot check them. If they’ve got canisters out in their storage that aren’t allowed, you know, we have an issue there that could be enforced. The other issue is the incident that occurred at their main site was a substantial incident, but the facilities there were properly designed, their suppression system, their setbacks, everything was by the book, and it was confined, literally, to that one area of incident, and it could have literally been catastrophic event. With my experience and dealings with Norco and my understanding of hazardous material codes and stuff like that, that I think it’s a relatively small issue for this facility because I think it’s primary use – I’m not speaking for them, but their primary use on this facility, I do believe the office and medical, and medical gasses, most medical gasses typically aren’t explosive. They’re flammable, but not necessarily explosive. I think if we deferred that to the Fire Department just to make sure standard enforcement is implemented, we’d be okay. Barbeiro: The medical gasses that are stored there, under normal temperature and pressures are not explosive. (inaudible) pressurized canisters, (inaudible) Hatcher: There’s different categories to HazMat material. One is corrosiveness, flammability and explosives. Oxygen, specifically, is flammable but will not explode. Even under pressure. I can’t tell you what they are and aren’t going to store here, but based off of Mr. Strite’s testimony of MSDS Sheets and their meeting with the Fire Department, I would suspect that you know, a settling is not something that is going to be here, and it is explosive. I was just kind of bringing that up as a topic of discussion. But I would end up, obviously, deferring that between Norco, their Certificate of Occupancy and the Fire Department. Borup: Okay. Does that answer your question? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 41 Barbeiro: Yes. Borup: So do we want to form a motion here? Do you want to discuss some things we may want to include in it or are you ready to do it? Brown: I think we need to modify staff’s condition 12 about signage. I agree with Mr. Strite’s recommendation that the signing along Fairview should come back before the Commission. No? Borup: Or – if they comply with the 72-square-feet monument sign, there’s no need for it to come here. Brown: I would agree with that, also. Stiles: I prefer that rather than have it on the agenda again. And in other cases, we’ve had to review signage, we have actually had to go through the conditional use permit process again just for signs. Borup: So by approving that, we would not have to come back through the conditional use as long as they complied with (inaudible) Stiles: (inaudible) Borup: 72-square-foot monument sign. We really don’t need to see them again. Brown: Unless they chose to do another kind of sign, and then they’d come back before this Commission (inaudible). Stiles: Unless it’s 72 feet by 1 foot. Brown: Okay. Borup: Okay. We can make clarification on that. I think the other thing is mention of the cross-access agreement. ACHD had mentioned one to the east but not one to the west. That is true. They can’t force existing business to allow that, but when the business use ever changes or they come back before us, that’s the time that that would be done. If that easement isn’t on this side, then we’re back to the same problem. Brown: So we encourage it on this side – Borup: I think both ends. The east and the west. Yeah. And one on the – as mentioned, one on the west is not really going to cause any problem on the design it doesn’t look like. There’s a driveway around there, anyway. If it’s allowed for with the Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 42 easement there, then it can be developed at a future date. So the sign, cross-access. Do we want to have some statement for more detailed report from the Fire Department? Okay. SO those three items? Barbeiro: I’d also like to reaffirm that the neighbors be notified (inaudible) neighbors (inaudible) facility (inaudible). Borup: Well, they were notified. Barbeiro: Okay. Stiles: How many addresses were notified? Borup: Just checking. This is going to be – everyone within 300 feet : Looks like 51 or 52. Borup: 51 mailings. That’s more than normal. Barbeiro: Mr. Chairman. Borup: Commissioner Barbeiro. Rutherford: Point of clarification: Just for the Commission’s edification, before they make this motion, and Shari can correct me if I’m wrong, I believe that since this is a conditional use permit in a commercial zone, this is something that if approved, you would request that I prepare Findings of Facts and Conclusions of Law and those would be acted on by the City Council in absence of a public hearing. There would not be a public hearing. Any additional comments from the Fire Department would not essentially have any opportunity for public comment at the City Council because there would not be one. Borup: That’s something that the City Council can still receive and review? Rutherford: They can make amendments to your Findings of Facts and Conclusions of Law. Borup: You’re saying any additional comment from the Fire Department would not be part of the public record? Rutherford: (inaudible) I consider – I believe, yes, it would not be. You’d close the public hearing at this point. They wouldn’t be able to receive (inaudible) Borup: Well, we have received the comment. We just feel that (inaudible) Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 43 Rutherford: (inaudible) Borup: -- we have a little more detail. Rutherford: Potentially clarification is something that you could request, but further comment probably outside the bounds of clarification would probably (inaudible) Borup: That would be the intention of the motion, right? Brown: (inaudible) Borup: Commissioner Brown just mentioned that (inaudible) facilities downtown Boise near the hospital. Same general type of usage. My understanding it’s more like a satellite store for them. Okay. Barbeiro: Mr. Chairman. Borup: Commissioner Barbeiro. Barbeiro: I recommend that we Findings of Facts and Conclusions of Law regarding the conditional use permit for a three building retail complex of approximately 50,000 square feet on vacant 5.5 acre site in a C_G zone by Norco to include cross-access to the west, excuse me, to the east and to the west, request that the Meridian Fire Department clarify their notes. Borup: Get more detail on their – Barbeiro: And to include staff comments. Borup: On the sign? Barbeiro: (inaudible) staff comments, that we’re not going to bring the sign back unless they propose a condition – Borup: Okay. Barbeiro: Outside of the boundaries that (inaudible). Cross-access on the east end and the west end. Brown: I second. Borup: Motion is seconded. Any discussion? All in favor? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 44 MOTION CARRIED: ALL AYES Borup: Thank you. ITEM 7. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR RETAIL FIBER ARTS SUPPLY STORE BY JENNIFER OAK—55 E. STATE AVENUE, OLD TOWN: Corrie: I think we can get – yeah. And then we’ll take a break right after I have No. 9 which I think 8 and 9 will be quick anyway. Item No. 7, public hearing: conditional use permit for retail Fiber Arts supply store by Jennifer Oak. De Weerd: Mr. Chairman. I just need to go and take some Ibuprofen. Please. Borup: Okay. 30-second break. Everyone hold their seats. Staff can get set up for the next Item. Okay. Ms. Stiles, who is presenting this? Brad is? Go ahead. Freckleton: Mr. Chairman, Commissioners, this application is for a proposed retail Fiber Arts supply store in Old Towne with a combined residential use. The Old Towne, as you know, is designed for the, in the Comprehensive Plan and the Ordinance, it is designed as a mixed-use area by intent. In terms of the intent for having retail next to residential, it meets, for the most part, the intent of the Comprehensive Plan and the Code. The primary issue which you can’t see by this design, but you should have presented to you in your packets, I would just point out that if you follow along the back – the primary issue on this according to staff comments that’s brought up is the issue of parking. The combination of the square footage of the retail and the square footage of the residence requires five off-street parking stalls. Staff would recommend that one option to consider would be off-alley parking in order to possibly accommodate that. I believe the ratio was three stalls for the retail and two stalls for the residential which makes the five off-street parking, and then going back, there are the main uses around – Nazarene Church is located here on the south side of Pine. There are issues of parking related on the weekends related to the use of that facility. The off-street parking is an issue for downtown. Old Towne, but because of the already congested nature of this area, we feel that the five off-street parking is important. I think with the long driveway it’s possible to get a couple of cars there. Then off-street in the alley a couple there. They could meet the requirements. I think that’s all we have. Borup: Okay. Thank you. Any questions from the Commission? Freckleton: And note for the signage as well, sir. Borup: (inaudible) Number 3 that no signage has been – Freckleton: Requested, you mean? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 45 Borup: Is that what you were referring to? Freckleton: Correct, to the Item – Borup: Item No. 3? Freckleton: Three on the staff comments? Yeah. Borup: Okay. Is the applicant here this evening? Would you like to come forward and address the Commission? Oak: Good evening. My name’s Jennifer Oak of 55 East State Avenue. As they explained, I’m in here to request a conditional use permit to operate a retail store out of my home. It’s a low-volume store and it’ll be operated a limited number of business hours, 5:00 to 8:00 p.m. on Tuesday, Wednesday and Thursday; 10:00 to 6:00 p.m. on Friday and Saturday, so a total of 25 hours a week. I estimate one customer per hour, so a total of 25 customers per week as well. There is one clarification I’d like to make. There is a sign in my proposed site plan that you couldn’t see because it was too light. There’s a sign location, but I did not provide any sizes, and I did bring size details with me tonight, so I’d like that to be considered with my application as well. I have that on overhead, but I do not have a hard copy. I’d feel free to give you guys my over head. The sign, proposed size, is 3 feet 4 inches by 3 feet 2 inches. Can I set this up? Borup: Maybe we could make a quick copy. Okay. Go ahead. We’ll try to get a quick copy. She says it’s 3 feet 4 inches by – Oak: Three feet two inches. Borup: So essentially 3x3? Hatcher: Less than 10 square feet. Borup: Okay. Did you have any other comments of any of the staff – staff comments or recommendations? Oak: I looked at parking a lot because I know that was a concern of both my – some of my neighbors as well as Planning and Zoning, and I didn’t see on-street parking to be as big of an issue as everybody else did, and I did a study, it’s by no means an extensive engineering study, but I did a study this past Friday of the number of spaces available and the number that were taken at any time during the day, and I took some digital pictures as well, so I have those if you’d like to see them. What I found is there’s approximately 39 on-street parking spaces on that street, and the way I came up with that number is there’s six houses with driveways and nine houses without driveways. I Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 46 figured for houses with driveways, you could fit two cars in front of the house and for driveways you could fit three cars in front of the house, so that equals a total of 39 available on-street parking spaces. I also went out two hours each day at 10:00 a.m., 12:00 p.m., 2:00 p.m., 4:00 p.m. and 6:00 p.m. and counted the number of cars parked on the street. The average number of cars parked at any one time was 11.4 cars. So obviously, there’s 27 available spaces, on average, this was last Friday, by no means is this representative of every day, but this is one day to point, so 71 percent of parking is available on the street. Now, with my low volume, I’m obviously not going to take up 27 spaces. I think three spaces off-street for my retail is more than adequate. I don’t think I’m ever going to use three off-street spaces at the same time. If there is any chance of lowering that, I’d like that to be considered as well. Borup: Do you know what the width of your property is? Oak: It’s 60 x 120 deep. Borup: So your driveway is probably close to 100 feet? Oak: Deep? Yeah. Borup: 90 to 100 feet? Oak: Yes. Borup: Okay. Any question from the Commission? None? Do you want to take a look at the sign design? Sure? Now that they’re making copies? Oak: And the sign drawing just shows approximate size – it’s by no means artwork of any kind. Borup: Did you have anything else for the record that you’d like to submit? Oak: No, I don’t. Borup: Okay – Oak: I’d like to submit my digital pictures of the parking on-street and my calculations for that, too, if you’re – Borup: Okay. From your alley access, is that lawn in that area? Oak: It is currently grass, yes. So there’s two views on the drawing that Shari’s passing out. The one on top is the top view, and the one underneath it is a front view. I’m not a photography by any means. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 47 Borup: Did everybody get one of these? (inaudible discussion amongst Commissioners) Borup: Shari, did that – do you have any other comments, questions on the sign? That handle any concerns? Okay. Oak: There is actually one more comment I’d like to make about the parking. The 11.4 average number of cars parked on this street that I mentioned, out of those 11.4 at all times during the day, two of those were people that are helping us remodel our house, and two of those are employees of Texaco. That – obviously the two people that are helping us remodel our house aren’t going to be there on a regular basis, so that would decrease the number of cars to 9.4. Borup: You’ve got easy two cars on the front of your property that can park on the street. Oak: Yep. Two long-bed trucks, three short-bed trucks. Borup: And 80 to 90 foot driveway. Oak: Yes. Borup: And if there was a problem, are there any trees – your site plan doesn’t show any trees or anything in the back off the alley that would – Oak: There is one tree, and we believe that if we had to put off-street parking off the alley that we could get in three spaces without having to cut down the tree. Borup: Okay. Commissioners, any other questions? Thank you. Do we have anyone here that would like to testify on this occasion? Yes, sir. Come on up. Bever: My name is Tim Bever, my address is 6754 Cochrane Drive. We own the building immediately to the west on East First that backs up – excuse me, on the east that is on East First and the subject house is right behind our building. The parking situation in that part of town is chronic. I’ve watched it five years. We have many, many problems, much like she illustrated. Texaco people park along our side of the road because they don’t want them in their parking lot. They provide parking for everybody but their employees. The driveway between the two properties is on the property line, so if it’s used for parking, that will – there is no buffer other than the space between the property line and our building. We’re not opposed to development in Old Towne, but parking has to be addressed. It’s becoming a negative effect on the downtown. We experience it with our tenants. There is no parking enforcement in Meridian other than Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 48 a few signs, but there is no enforcement. This is just an area that I think if this development’s going to continue, it’s a 65-foot lot with 10-foot driveway. It’s a 55-foot lot. That’s just our concern. We’re not opposed to the development. We think there’s ample room in the backyard with removal of the tree and the old garage to put probably five parking spots there which does not address the Americans with Disability Act parking requirements on new developments, and this is our only problem we have with the development is the parking. You’ve got to start providing with a little bit of parking because there is a building immediately across the street that has no parking but off- street parking or on-street parking. This is – so we’re kind of in agreement with staff. It’s just parking. I don’t know if you’ve been downtown on Wednesdays when they have Bible Study and 600 people show up and it becomes – it’s great (inaudible) downtown. Don’t get me wrong, but if there’s no place to park, people don’t want to come downtown. That’s basically all I have to say. Borup: Okay. Any questions for – you say you own the building – you referred to it as a building. What does the use to that? Is that a residence? Bever: It’s an office building. It’s on East First. It’s got little blue awnings on it. Borup: Okay. Right. Bever: It used to be the Ambrose Plaza and we remodeled it. The driveway behind it is a property line driveway. As used as a residence, it was not a big issue, but if it’s going to be six cars deep, that kind of thing, it’s not paved. These are just – it’s parking. Welcome to downtown Meridian. That’s our only objection. Borup: And you’re concerned it will disturb the people in your building? Bever: We’re already have a problem with parking in downtown Meridian. We have – Borup: No. That wasn’t my question. You’re concerned that them parking in the driveway will disturb your tenants? Bever: Not disturb it. It’s just what degree of parking, because you’ve got 100-foot strip there, you’re going to put six cars in there? Seven cars in there? It’s quite – I think there’s about six foot buffer behind our building to the edge of the parking lot, and – Borup: And do you know what the hours of most of your tenants? Bever: They’re eight to five, the attorneys are in there on the weekends, Saturdays, it’s – I don’t monitor them. (inaudible) Borup: Okay. (inaudible) Thank you. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 49 Bever: Thank you. Borup: Anyone else? Come on up. Bowen: Yes. My name is Larry Bowen and I live at 49 East State Avenue. I’m directly west of the subject property. Couple things have been brought up as far as parking. It really is a problem. I’ve been there for 13 years. I have a conditional use permit myself. When I came to the Commissioners for conditional use permit, what was sort of seemed to me was the fact that my customers couldn’t impose their parking on the neighbors. She brought up there’s 39 parking spots, but the problem is that then the customers will be parking in front of the neighbors. Her hours are Friday night. About two doors down and across the street, Alan has Bible Study Friday night, and the street is just full. They park in front of my place, they just cover the whole street Friday night. Borup: Friday night at what time? Bowen: Anytime 6:00 on. Borup: What if her hours were closing at 6:00? Bowen: Pardon? Borup: Her hours ended at 6:00. Bowen: I thought it was 6:00 to 8:00. Borup: 10:00 to 6:00. Bowen: 10:00 to 6:00 on Friday? Okay. I’ve had vehicles from that night spend the night there and they’re in front of my place. They didn’t mention that there is the trophy business across the street that does not have off-street parking so the people park on the street. The lady across, next to the trophy place does not have a garage or driveway, and I’ve – like I said, I’ve lived there 13 years, and what has happened is the parking for Ambrosia Plaza because they developed that street, they’ve eliminated a lot of parking for the clients on First Street. So they fall over onto State Avenue. They’re from – like there’s two spots on the corner by the stop sign, they usually take up those. Circle K or Texaco now, their employees park in front of their place, and my place and across the street. There’s a two-hour parking sign there, but it’s totally ignored. It’s not enforceable. People park there all day without being concerned about being towed away or anything. The problem that I see the impact is that if you don’t address the parking situation, basically it’s just going to go down the street. That means that people are going to park in front of my business which means that my people are going to now park in front of the neighbors which I try to not to have them do. We’re even getting fallout form the Cottage Expressions which is on the other side of Texaco. I’ve seen Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 50 people park in front of the trophy place, walk pass the Texaco and go to lunch over there. That’s usually on Saturdays. So it’s a big problem there, and it’s just building up. Borup: Any questions for Mr. Bowen? Thank you. Anyone else wish to come forward? Okay. Commissioners, is there anyone else you’d like to ask any questions to from staff or the applicant? Then we ought to proceed. Barbeiro: Mr. Chairman, I move we close the public hearing. Borup: Okay. I have a motion to close the public hearing. We don’t have a second yet? Hatcher: I second it. Borup: Motion is seconded. All in favor? MOTION CARRIED: ALL AYES Borup: Discussion? Barbeiro: Mr. Chairman, is this a recommendation to City Council or a Findings of Fact – Stiles: This is Findings. Borup: Right. This is Old Towne, so there’d be the one public hearing. Barbeiro: Has there been any precedents set in the recent past in regards to Old Towne? Have we – I know there’s a lot of residential houses down there that have been converted over into business and whatnot, and I guess – are we, have we typically been requiring the off-street parking, you know, pretty much cut and dry – has there been some fluctuation given each condition? I mean, prior – Borup: Staff may wish to comment. I think that most – the closest one is probably the bridal shop to this area. De Weerd: Wasn’t there someone further down State? Wasn’t it State that just came before the Commission? Borup: Oh. Yeah. The office building? Yes. That – they did have parking off the alley for the office building. Barbeiro: Doesn’t Epi’s have off-street parking behind the building and Cottage Expressions and Red Door? What about Red Door or whatever that place is called? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 51 Borup: And if any special thing had been given, it was probably looked at the nature of the business and, at least in my mind, how much traffic is that particular business going to generate. At least I know that was one of the considerations for the bridal shop was a fairly low traffic business. (inaudible) De Weerd: But didn’t they have to do something in the alley? They had to do some parking in the alley. Borup: Did they ever do it? Stiles: They just recently have paved parking spaces in, they haven’t striped them yet, I don’t think they have put in their handicapped parking space and ramp yet. But they are still required to do that as part of their conditional use permit or it will be revoked. Borup: But they did not have a driveway from the front, did they? Stiles: No. Borup: They had no driveway at all. It was no curb cut or anything onto the street, so that was the only off-street parking that they could – available would have been from the alley. De Weerd: So you’re suggesting that they can park in the driveway. Borup: Well, I think that’s already been stated. I mean, it – as far as customers, you probably talking only one. You know, the residents can certainly fill up – I think Shari was saying two residents, three business? I mean Brad was? So you certainly get the two residents on the driveway. You’re not going to want to stack business use. Barbeiro: Even if you had one or two clients – Borup: With off-street and on-street parking, you know, they’d have two on the street and one off-street. I – you know, one option – well, I don’t know. Maybe it’s not an option. Is if the traffic from the business is more than what their own property can accommodate, that may be the time to add additional parking. Can that type of stipulation be – Stiles: Who is going to do that? Borup: It’d be on the conditional use process which as the standard statement is can be revoked at any time. Isn’t that the verbiage? Stiles: Are we going to stand out there and watch? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 52 Borup: Oh. Well, no. De Weerd: Yeah. You can. Stiles: It would be extremely difficult to enforce that. The existing driveway they have is not paved, so to meet our requirements, they would need to pave. We did have a suggestion that maybe they could have their two residential spaces in their driveway once they pave it, and then they are going to have to provide handicapped accessible entrance to their home, so maybe the third space back they could make a handicapped space with a ramp to get into the building and then provide two off the alley. I mean, that was a suggestion that we had. Like Paisano’s, they did come through with a conditional use permit. They didn’t have adequate off-street parking to meet their requirements, so they got a variance. They requested and received a variance. Borup: Which – okay. Does that answer some of that? De Weerd: Shari, in suggesting that, what was – was the applicant responsive – I mean, was that an option for them? Stiles: I believe Steve talked to her, to the applicant, but I don’t know what her response was. I mean, that was just our suggestion as trying to work out some kind of compromise that might work. Hatcher: Would the applicant like to respond to that? Borup: Well, we need to re-open – didn’t we just close the public hearing? Hatcher: We did. De Weerd: I move that we re-open the public hearing. Borup: Well, we may – I guess my concern is the same as it has been on the others of this type is we need to be concerned about what we approve in the City, but I think we also need to be cognizant of a small business with limited hours of operation and not a lot different than a home business. If we put so many restrictions that they can’t – De Weerd: Well, that’s why I would like to hear from the applicant on – Borup: Okay. Let’s re-open the public hearing. If the applicant would like to come up and respond to – De Weerd: Hey. Mr. Chairman, I would move that we re-open the public hearing. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 53 Hatcher: Second. Borup: Thank you. We have a motion and seconded. All in favor? MOTION CARRIED: ALL AYES Borup: Did you understand the question? Oak: Once again, Jennifer Oak, 55 East State Avenue. I’m not opposed to complying with the recommendation from Planning and Zoning; however, I don’t think it’s necessary. I don’t think five spaces for my business is going to be needed or used at any time during my hours of operation. I’m willing to pave my driveway and use that for my two residential and my ADA parking and then use the two in front of my house which would also provide five total spaces. I think that’s more than adequate. If I have to pave the back, I have to pave the back. I just don’t see that it’s necessary at this time. I’d also be willing to re-evaluate that at some further time, verify if my customer – if I’m so wildly successful that I have to put spaces in, you know, then I want places for my customers to be able to park as well, and I wouldn’t be opposed to that. Borup: Additional questions? Did that answer your question, Tammy? De Weerd: So there is no parking in the back at this point? Oak: There is not. De Weerd: For your residence? Oak: No. Just the driveway is all there is. De Weerd: Shari, how can that be built into a conditional use permit that if this business does become more than one customer an hour, can that be re-assessed? How can that even be measured? Stiles: I’m not going to. It would just – that would just have to be on a complaint basis, you know, which one of the neighbors every time there’s two cars out there, they’re going to be calling us. And what do we do? Go out there and camp and say, “Oh. Yep. There’s two people in there at one time.” It would be impossible. I mean, unless you’re going to make a condition – I guess you could make a condition. She can only have one customer at a time and she can only be open during those specific hours, and if she’s open at any other time, we could revoke the conditional use permit. But, I mean, we don’t wish that on her that – hopefully she will be successful. De Weerd: We might as well be consistent with our businesses in these homes because they will start having more and more. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 54 Borup: Which is the other question. She’s surrounded on all sides by businesses. Do we any of them have the same requirements? Stiles: If they are working under a conditional use permit, they had the same off-street parking requirement. Oak: I don’t believe that that’s the case. I don’t think that any of the people – I know the bridal shop just added their off-street parking, they have two spaces, and their house is two-story. It’s huge. My house is 900 square feet and they want five spaces for my house and they want two for 1600 or 1800 square foot house for the bridal shop. I don’t know – Borup: How much (inaudible) are you allocating to your business? Oak: 500 square feet. Borup: 500 for the business. Oak: Yes. Borup: Does the trophy shop have off-street parking? Oak: They have two spaces. I believe they use them for their employees, not for their customers. Borup: And your neighbor to the west? Oak: I don’t believe he has any off-street parking, but I don’t know. He’s the one that testified, so you could ask him. Bever: We signed an agreement, an easement agreement with the City – Borup: You need to come up. The question is do you have any off-street parking. Oak: He’s to my east, too. Borup: Yes, sir. Bever: We have lateral parking in front on the – six spaces off of East First where you go in – Borup: Oh. On the property to the west. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 55 Bever: Yeah. The issue is about money here -- Borup: The question was on your property to the west, do you have any off-street parking? Bever: I’m east. Barbeiro: He owns the (inaudible) Bever: To the north of my lot, on the right side (inaudible) – Borup: Well, that wasn’t my original question. Bever: I didn’t understand your question. You said (inaudible). Borup: I’m sorry. We’ve got the wrong individual. Pardon. Bever: May I speak again later? Borup: Go ahead now while you’re here. Bever: The thing – they can – they have ample room. We’re not trying to kill the project. They got a big tree and an old garage in the back yard. There could be five spots in there, and there would be no problem – the garage, I don’t know. Borup: The problem – Bever: The problem I got is that it’s going to impact my business. Borup: The reason it impacts your business is because you don’t have adequate parking. Bever: Well, that building’s been there for 42 years. Borup: Well, this house has been there longer than that. Bever: It’s been a business for 42 years. I’m sorry. Barbeiro: And how many spaces do you have? Bever: Well, there are six in the front – Borup: And how many square feet is your building? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 56 Bever: 4500 square feet. Borup: Okay. Bever: It’s – there’s room for parking behind that building and access from the alley. I have no agenda here not to put them in business or anything – Borup: You want your customers to park in front of her house. Bever: No, the people from Texaco park in front of her house. Their employees. The people from Paisano’s park in front of my building, and my people park down past Nazarene Church, and that’s kind of the problem right there. It’s – Circle K guys get there 5:00 in the morning. They stake out their parking spots, and those are never available. Never. And those are not our tenants. We have asked the church which is next to the bridal shop. There’s a large parking lot that the church owns that has given permission – that’s, I think, that was an issue that the bridal shop deal that that was part of the reason that they only got two spots is because the church says you can use that lot. Some of our clients park in that lot, also, we asked for permission, the church has been really great about it. Borup: You’ve got different hours of operation. Bever: We’ve tried to buy it from them because they’re selling, but they’re not selling. It’s – that’s what I have to say. Borup: Okay. Any other questions? Thank you. Mr. Bowen. Am I remembering the right name there? Did you have any off-street parking? Bowen: No, I don’t. Borup: Okay. Thanks. Bowen: I’m not required to. Borup: Did you say you’re operating a business? Bowen: My conditional use permit says that I have adequate parking in front of my business as long as I don’t impose the neighbors’ parking; in other words, I don’t have my customers park in front of the neighbors’ house. To this point, I don’t think that has happened. My business is a photography business, and I am by appointment only, and I have like one car come at a time, and I have two spots in front of my house, and I have a 60-foot driveway. The question that comes to me is with my driveway, is if I have a customer park in my driveway and I come home or somebody comes home, if the customer is there, where do I park? I have to park on the street. So if she has Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 57 customers in her driveway and they come home, where do they park? They park on the street. They have to park in front of someplace until their customer leaves, then they can pull their car in the driveway. If they want to leave, then their customer is there, they can’t get out. There’s no – driveway’s only one way. So that’s a question I have is, say, for instance, they have a customer and somebody comes to their house, they’re going to park in the street, and that’s going to create a problem there. With Texaco across the street on Saturdays is people park there, their truck and trailer rigs and run across the street and get coffee. I know that’s only for a small period of time, but if you have a customer come in at that time – I have pictures of people who park in front of my place who were at Circle K and my customers had to park next door while they came to me. It’s just backs up. Borup: Okay. Thank you. Commissioners have any other questions for anyone they’d like to pose before we close the public hearing? De Weerd: When they pave the driveway, is it going to be wide enough that they can put two cars side by side? Borup: Not the existing driveway. De Weerd: So how can they have the ADA handicapped drive – parking spot up there? Stiles: It’d have to be (inaudible). : (inaudible) De Weerd: Behind what? : (inaudible) residential parking, cars would be here and (inaudible). De Weerd: (inaudible) Barbeiro: I move that we close the public hearing. Hatcher: I second that. Borup: We have a motion to close the public hearing. All in favor? Any other discussion? It sounds like it may be appropriate for a little bit prior to a motion. De Weerd: Nay. Borup: No other comment? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 58 De Weerd: I would like to know on this driveway if you could make that a through so that they could go out their alley. Borup: They’d have to remove the building. De Weerd: Well, why couldn’t they just put a door on the other side of it? Oh. Borup: I don’t believe it’s a garage. De Weerd: I guess that’s not an option. I was just trying to be creative. I think I’ll just – Borup: Okay. Anyone else? Mr. Hatcher, Barbeiro, Brown, any comments? Discussion? Anybody ready for a motion? I’m ready. Brown: I recommend approval of CUP 99-035 for a conditional use permit for a retail and residential use for The Fiber House at 55 East State Street by Jennifer Oaks. De Weerd: And to instruct the City Attorney to do Findings of Facts and Conclusions of Law and adopt the staff’s requirements including the requirement for the five off-street parking spaces and that the applicant work with the staff to come up with those spaces. Unidentifiable: That’s State Avenue, not State Street. Borup: Okay. Yeah. It does say State Avenue. Brown: State Avenue. Borup: Approval of signage as presented? You modify this – staff comment had the (inaudible) proposed. Brown: I would accept that amendment that they approve the signage in condition three per their application that they’ve submitted tonight. Borup: Okay. We have a motion. De Weerd: Second. Borup: Second. Discussion? No discussion. Commissioner Hatcher, are you ready to say something? Hatcher: Well, yeah. I do have to say something. I’m not – I’m all for approving the project, but I’m tentative in approving the motion that was just given. I think that off- street parking is vital to help alleviate the downtown problem that’s going to just consistently exist. But on the other hand, due to the current proposed use of this other Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 59 retail facility, I think that five off-street parking stalls is rather excessive use. It just – I think there should be a happy medium somewhere between there. They provide the off-street parking, but I don’t think that five’s necessary. Borup: I think the number five came per code. Hatcher: (inaudible) – Borup: I guess the concern I’d have, it’s not consistent with the surrounding properties. Hatcher: Yeah. We’re going to enforce – Borup: They’ve got full-time businesses that don’t have – Hatcher: Any of the neighbors, none of the neighbors do – Borup: Eight hour a day businesses. Shari, did you state that you feel as far as staff recommendation this is what it needed to be. The other option is to ask for a variance. Stiles: Yes. Borup: And at this point, it’s not something you feel there’s an option to approve as-is, the proper procedure would be to ask for a variance and then take a look at it at that time? Stiles: I believe so, yes. Borup: Does the applicant understand that? Does that help any? I don’t know. What would the variance – would the variance come back to us? To City Council? Stiles: Yes. All right. That’s true. Ordinance – it would go under the City Council. Barbeiro: So we can go ahead then and approve the Findings of Facts and Conclusions of Law then she would go to City Council after that? Borup: No. Just if she asked for variance. The other choice is to approve it with however we want to change it. With two off-street parking or, you know, one plus her personal residence parking. De Weerd: But we’re approving per our own city ordinance. That’s – I agree. I don’t – Borup: But the city ordinance is – De Weerd: -- think that she needs five at this point, but it’s our – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 60 Borup: Did the Trophy House ask for a variance? Stiles: I wasn’t here when they came in. I don’t know. Borup: Yes, you were. Stiles: No. I wasn’t. Borup: That’s the same one that used to be over on Franklin. They’ve only been there – Stiles: No. It was already approved under a conditional use – Borup: For a business. Stiles: -- for a book store. Borup: As a book store. Stiles: Yeah. Borup: And that was close enough to the same usage. Stiles: Yes. So they applied for a transfer which didn’t involve any public hearings. This application will go to the City Council, but it will just go with your findings and recommendation. They will take the final action on it when the – on the application. Borup: But they’re not likely to (inaudible) no public testimony. They’re not likely to change the Findings. Stiles: Not likely. De Weerd: Well, they normally don’t even ask for comment. Borup: So if the recommendation and motion is as per ordinance, City Council is not going to change anything. If the motion was not in compliance with city ordinance, then the City Council would have the option right at that time to make a change without – yeah, they’d be discussing it without it going to a variance application. Which – well, we don’t have a second. Oh, yeah. We did get a second. We’re in discussion. Hatcher: Well, I personally feel that we should modify the motion to reduce it from five parking spaces to three. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 61 Borup: Okay. Do – Hatcher: (inaudible) Rutherford: Point of information. I think the appropriate procedure would be for you to vote on that motion, and then if there are other – if it’s defeated and there are other motions, the Commissioners want to make that, that would be the time to change that. Barbeiro: Commissioner Brown also has the option of amending his motion. Borup: So you’re saying you want to let your motion stand, Commissioner? Hatcher: I wish to withdraw my second of Commissioner Brown’s motion. De Weerd: I believe I was the one that seconded it. Hatcher: Oh. De Weerd: You can withdraw yours, though. Borup: I take it your not withdrawing your second? De Weerd: I – Borup: Okay. Let’s vote on the motion. All in favor? Opposed? We have a tie vote. I’ll vote nay. Someone have an alternate motion? Hatcher: Mr. Chairman, I move that we recommend approval to City Council, conditional use permit of the retail Fiber Arts Supply Store by Jennifer Oak to include staff comments as written with one modification changing the required off-street parking from five spaces to three. Barbeiro: I second the motion. Borup: Motion is seconded. Any discussion? All in favor? MOTION CARRIED: THREE TO ONE. ITEM 8. PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34 ACRES FROM C-2 AND R-8 TO C-G (WALGREEN’S) BY HAWKINS SMITH MANAGEMENT, INC.—NW CORNER OF FAIRVIEW AND LOCUST GROVE ROAD: Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 62 Borup: Thank you, Commissioners. Do we have anyone here from the public that is here to testify on Item No. 8 and 9, the Walgreen’s Store? Show of hands if there are. And is the applicant here? Okay. Let’s – I’d like to open the public hearing: Annexation and zoning of the 4.34 acres from C-2 to R-8 and R-8 to C-G, Hawkins-Smith Management. I’d be open for a motion to continue this hearing. De Weerd: Mr. Chairman, I move that we continue this until our November 9th meeting. Hatcher: I second it. Borup: Motion is seconded. All in favor? MOTION CARRIED: ALL AYES ITEM 9. PUBLIC HEARING: CONDITIONAL USE PERMIT TO CONSTRUCT A SINGLE TENANT COMMERCIAL BUILDING WITH A DRIVE THRU WINDOW (WALGREEN’S) BY HAWKINS-SMITH MANAGEMENT, INC.— NW CORNER OF FAIRVIEW AND LOCUST GROVE ROAD: Borup: Item No. 8 – Item No. 9, public hearing: Conditional use permit to construct single-tenant commercial building with a drive-thru window by Hawkins-Smith Management. The same situation. Hatcher: Mr. Chairman, I move that we continue the public hearing for conditional use permit until November 9th . Brown: Second. Borup: Motion is seconded to continue until November 9th . All in favor? MOTION CARRIED: ALL AYES Borup: Thank you. This probably is an appropriate time for a short break. The break starts now. (At which time the meeting was in recess at 10:30 p.m.) Borup: I’d like to reconvene the Planning and Zoning meeting. Is that what this is? Brown: Can we poll the audience to find out which projects they’re here for? ITEM 10. PUBLIC HEARING: ANNEXATION AND ZONING FOR OVERLAND MINI-STORAGE OF 7.25 ACRES FROM SINGLE FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 63 FACILITY BY OVERLAND MINI-STORAGE, LLC—1230 OVERLAND ROAD: Borup: Well, we’ve only got two left. Have we got anybody here for the mini-storage? Okay. I think that answers that question. Okay. That is the next item on the agenda. Item 10, annexation and zoning for Overland Mini-Storage of 7.25 acres. Staff, I take it is Shari. Stiles: Mr. Chairman, Commissioners, this is for the property on Overland Road just west of Locust Grove Road. This was the very popular 300-unit apartment complex that was denied here. We have Nine Mile Creek running along here. We also have a sewer easement running along there. Sportsman Pointe right over here. We have the Treasure Valley Baptist Church here, recently a contractor’s yard and additional area for the church was approved at this location. De Weerd: What’s that K.D. Roofing? Stiles: Yes. We have submitted our comments. They have responded to our comments. They seem pretty much in agreement with everything. We still do need to have easements shown because we need to know where that Nine Mile Creek easement falls on the land and also where our sewer easement falls. We have let the applicant’s representative know they have prepared a landscape plan that shows extensive buffering of the storage area, and we’ve just made it clear that that same landscaping will need to be provided outside of any existing easements. Also they will need to comply with our 35-foot planning strip, the 25-foot driveways between the buildings, and I believe that they can accommodate those comments with not significant changes to the application. They also have presented a proposal for a sign that they have relocated that would be on the new lot that would be for the storage area, and they’ve proposed a 12-by-5 foot sign approximately this location where the caretaker’s house would be. That’s all I have. Borup: Any questions for Shari? Mr. Unger, it’s all yours. Unger: Good evening. Commission members, my name’s Bob Unger. I’m with Pinnacle Engineers, and we represent the applicant on this project. Our address is 870 North Linder Road, Suite D, Meridian, Idaho. As Shari stated, we have reviewed the comments, we have responded back, and just prior to the hearing, we went over those comments and the reviews. We really had no problems with the staff’s conditions. We have modified our plan from that one to this one right here, and the only real change that you’re going to see is the relocation of the caretaker’s residence here. This unit right here. And the parking and then we’ve provided a gated area here, and, of course, this would all be fenced all the way around. That’s really the only modification that we have made from what you see right there. We certainly don’t have any problems with the conditions of approval that staff has prepared, and we will provide the additional Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 64 revisions that they’ve asked for showing the easements on the project. I would also like this testimony be included on the next two items also so we don’t have to get back up and do this again. I will stand for any questions that you might have. Borup: Any questions for Mr. Unger? None? Thank you. Even though I asked earlier if anyone’s – this is a public hearing. Do we have anyone here in the audience testifying on this application? Thank you. Commissioners – Brown: I move we close the public hearing. Hatcher: I second it. Borup: Motion and second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Brown: I move for the approval of the annexation and rezone for Overland Mini-Storage of 7.25 acres from single-family to – with acreage to commercial lots and a mini-storage facility by Overland Mini-Storage, LLC at 1230 Overland Road subject to staff’s recommendations – do we have to do Findings of Facts? Borup: No. Brown: -- subject to staff’s recommendations. Borup: We have a motion. Hatcher: I second the motion. Borup: Motion and second. Any discussion? De Weerd: Just a question for staff. Do you want a development agreement on this or you just going to take care of it under the CUP? Any conditions? And annexation and zoning, don’t we normally have a development agreement? Stiles: We would request a development agreement. De Weerd: Okay. I didn’t see it in your staff comments. Stiles: We would verbally request a development agreement. De Weerd: Thank you. Brown: I would amend my motion to require a development agreement. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 65 Hatcher: I concur with that. Second. Borup: Okay. We have a motion and a second. No additional discussion. All in favor? MOTION CARRIED: ALL AYES ITEM 11. PUBLIC HEARING: PRELIMINARY PLAT FOR OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE, LLC— 1230 E. OVERLAND ROAD: Borup: Item No. 11, public hearing: Preliminary plat for Overland Ministorage Subdivision. Ms. Stiles, any additional comment? Stiles: No, sir. Borup: Mr. Unger, any additional comment? Unger: No, sir. Borup: Commission. Brown: I move we close the public hearing. Hatcher: I second it. Borup: Yes. I was going to close it, but I can’t do that. We have a motion and second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: We need another motion. Barbeiro: Mr. Chairman. I move that we recommend to the City Council the preliminary plat for Overland Ministorage Subdivision by Overland Ministorage, LLC at 1230 East Overland Road with staff comments and we – Borup: That should cover it. Barbeiro: Okay. Thank you. Brown: Second. Borup: The motion is seconded. Any discussion? All in favor? MOTION CARRIED: ALL AYES Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 66 ITEM 12. PUBLIC HEARING: CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC— 1230 OVERLAND ROAD: Borup: Item No. 12, public hearing for a conditional use permit for the same project. Same comments from staff? Stiles: We’d like to incorporate our previous comments. Borup: Mr. Unger. Unger: Same. Borup: Same comment for Mr. Unger, he’d like to incorporate his comments from his previous into this. Commissioners. Hatcher: Mr. Chairman, I move that we close the public hearing. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Hatcher: Mr. Chairman, I move that we recommend to City Council, conditional use permit for the commercial subdivision mini-storage on Lot 2 of proposed Overland Mini- storage Subdivision by Overland Mini-Storage, LLC at 1230 Overland Road to include both written and verbal staff comments. Barbeiro: I second the motion. Rutherford: Point of clarification. Kind of a question for staff and the commissioners. Two items ago you approved annexation and zoning. What was the zoning that you approved? De Weerd: C-G. Rutherford: Just more information than anything. I’m not sure as Shari may be able to give us some insight on this, but, my understanding is the way City Council has been doing it, the City Council won’t process the annexation and zoning, preliminary plat or anything else until that development agreement is signed. I believe that’s the way that they’ve been proceeding on this. I guess you can approve the CUP in this agenda item, but, essentially, it’s going to sit until at least two meetings of the City Council if not three. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 67 Stiles: We would normally send all three applications simultaneously for public hearing to the City Council, but they wouldn’t be able to act on the preliminary plat or conditional use permit until that development agreement was in hand and the ordinance was prepared. Borup: Thank you. Mr. Berg, do you have an additional comment? Okay. Berg: (inaudible) Borup: So that’ll be presented to the City Council at the same time. We had a motion. Any other discussion? Hatcher: I need to add to that motion that City Attorney compile Facts and Findings, and what’s the other part of that? And Conclusions of Law. Borup: Steve, are you – was that your recommendation that Findings be included on the CUP? Rutherford: Yes. If you’ve approved this conditional use permit in a C-G zone, that’s a commercial zone and it does not require a second hearing as we’ve had earlier tonight. De Weerd: It’s not C-G yet. Berg: It’s not annexed yet. Rutherford: That’s why it seems just a little bit odd to me, but – Stiles: If they’re existing commercial or old town or industrial, then we don’t require that second public hearing, but if it’s part of an annexation and zoning, we have been requiring the second public hearing. Rutherford: So we wouldn’t have Facts and Findings. Borup: Right. No Facts and Findings? So the motion was as originally stated. Rutherford: Originally stated. Borup: Okay. All in favor? MOTION CARRIED: ALL AYES ITEM 13. PUBLIC HEARING: ANNEXATION AND ZONING OF PARCEL “A” FROM RT TO SINGLE FAMILY RESIDENTIAL AND PARCEL “B” FROM Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 68 SINGLE FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC—SOUTH OF E. FRANKLIN ROAD AND EAST OF S. LOCUST GROVE ROAD: Borup: We’re here for the entertainment item for the evening. Item No. 13, public hearing: annexation and zoning of Parcel A from R-T to single-family residential and Parcel B from single-family residential to limited office by Woodbridge Communities, LLC. Staff, do we have, is it, Brad? Freckleton: Good guess. Commissioners, I would like to request just to incorporate, I’ll just run through the staff for both the annexation and the conditional use. As pointed out in the staff report, which I would request be included in your recommendation date October 8, but as we pointed out, there are actually two parcels associated with this annexation. The smaller one-acre on the west side of Locust Grove, this is south Locust Grove right here, recently approved Cobblestone Apartment Complex here on the southwest corner. You have bounded on this one-acre piece, you have existing rural-residential type, you have agricultural use on the south, and the Jabill Company is building right here, some other residential here, Ada County residential subdivisions bound the 80-acre piece on all three sides here. The staff has pointed out due request that you deal with this. They requested an L-O zone for this one-acre piece, and, again, the primary purpose being in the application is to make the 80-acre parcel contiguous to the city limits. This is the proposed conceptual layout plan for the 80-acre parcel. They did submit it in color. You should all have those in your packets. Apologies for the quality here, but I think, as pointed out, again, here is Locust Grove Road and they have one primary access here. You should also have received a fuller supplementary packet from the applicant, and in that they did include somemore detail which deals with the proposed roadway system internal to the project. That would probably be the primary issue. There’s also a letter from Ada County Highway District, Larry Sale, who was – which was submitted today. You should have had on your desk when you came dated today to Chairman Keith Borup. The primary thing I would point out there is that Ada County Highway District has not yet acted on the application, but they have not recommended a full nature-collector roadway. They are recommending the residential collector, and that would be this primary road here that comes through the project. One of the primary differences, things that the staff has recommended in our report, of course, relates, and again, I would point out this is all related to the conditional use permit which is conceptual only. A lot of this tonight, in terms of the roadway system, the design of the lots, would be covered in a preliminary plat which would have to be submitted in order to actually move forward with this. I guess, just pointed that out in terms of tonight’s discussion being related to the conceptual plan and specifically the PUD aspect of it: requesting these, let’s see, one, two, three, four, I guess six general areas that they could actually have four different types broken down in terms of housing types and lot sizes which you also have in your packets. On the road issue, staff do feel that this location down here, and the applicant can address it further, but the Magic View Subdivision, which is right here on the east, Eagle Road is just off this map, runs Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 69 north and south here, this is currently being built Eagle Partners site here which does have a roadway connect. There’s a light here which they’re going to bring that road and come down and head south with it. I guess it’s off the map here, but – the con activity for this subdivision, when you talk about 280 I believe homes coming across at a further northerly point in their subdivision, we feel, would be a more direct access to cut across here. They currently show it on the south which would hook up with Magic View which is currently primarily five- to seven-acre parcels. Mainly for the audience, there’s some elevations of the proposed housing types that they have submitted. The applicant did respond in writing October 11 to our staff comments, and they can address those further. The other major issue on the accessibility is here on this access point here which is Weatherby Drive to the north which is being proposed as a pedestrian access and there is currently a stub street coming down to the boundary, to the north boundary of this proposed subdivision. It’s not constructed – it’s platted. I’m sorry. It’s a platted stub. It’s not built. Both ACHD and staff at this point are recommending in order to get that accessibility and activity through to make that a vehicular access. This Phase I is basically divided at this point along Five Mile, and that is a point of discussion tonight, took, in terms of the number of houses to be built in Phase I. Currently, this is showing, I believe, about 150 in Phase I. I guess I’ll just leave it at that for the applicant. Borup: Any questions for Brad from the Commission? Probably go on? Is the applicant here this evening? Like to come forward? Brown: Mr. Chairman. Borup: Commissioner Brown. Brown: I should state that I am a resident of the Green Hill Subdivision, but I’m a half mile away from the closest point on this development, and it should not be a conflict of interest. Borup: You were not notified, I take it? Brown: No. Borup: Okay. Thank you. Brown: Would the applicant like to come forward? Pete O’Niell: Chairman and Commissioners, my name’s Pete O’Niell. I’m President of O’Niell Enterprises, the managing member of Woodbridge, LLC. Our address is 100 North 9th Street, Boise, Idaho. I’d first like to introduce our team, some of which are here. First, from O’Niell Enterprises, myself, my son Derek and Scott Beacham, our land planner is Tony Gazardo of Anthony Gazardo and Associates in San Francisco. He is not here. Our engineer is Toothman-Orton is represented by Barry Simple here Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 70 tonight. Our traffic engineer is Centennial Engineering, Kent Fugle has done the work on that, and there’s full-blown traffic study that’s been submitted to ACHD. Scanlan Engineering has done the water rights and irrigation work represented by Terry Scanlan. Our legal advisor is Givens Pursley, Ed Millers works with us and his associate Gary Alan is here tonight, and (inaudible) is final member of the team and their architects and planners out of Seattle. I guess I’d like to start by commenting that we’ve been working on one phase or another of the planning of this project for in excess of a year. The Planning Department and Public Works Department have been involved to one degree or another for most of that time. There’s been a tremendous amount of meetings and data transpired over that time, and I’d like to thank the staff for their patience in working through all of those issues with us recognizing that this is not a normal project for the City of Meridian in their normal day-to-day activities. I would like to point out, however, that the formal submittal format requirement and the base application which is required for a conditional use permit and a PUD was submitted in late August, and that really doesn’t adequately allow for the depiction and explanation of a proposal such as we’re proposing, so, consequently, having reviewed the staff report that we received on Friday afternoon, last Friday afternoon, it became clear to us that in order for the Commission to properly consider this proposal, you really need is more information, so we did hand-deliver to you yesterday a cover letter and some information that either you got individually or in your packet. I want to add that there’s nothing in this that hasn’t previously been discussed in some depth with staff. There’s no new information here. It’s just put into a format that hopefully you can understand because, frankly, the formal application process doesn’t allow for this other than as a supplement. I’d also point out that the staff did acknowledge that we did respond in writing to the staff report, again, having received it on Friday and delivered or response today, and that dealt with some very specific issues, again, which you have in your package which we’d be happy to react to but don’t want to take your time at this hour to re-read. So I apologize in advance for any confusion that may have caused you or the audience or anybody else. I’d like to take a few minutes to tell you who we area and what we do. I started in this business 20 years ago. I was only 15 when I started. Our first project was a 125-acre planned-unit development in southeast Boise for 700 units which became known as River Run. On the completion of River Run, we’ve also created the communities of Spring Meadow, the Springs, Meadow Creek and Surprise Valley here in Boise or in Ada County area, and we’ve done Lane Ranch and Sun Valley and Spring Mountain Ranch in McCall. We’ve got a little handout for you here that Scott can give you that has some of the propaganda on these projects in it so you get some sense, in case you’re not familiar with what they are, some sense of the character of the projects and what they are. All of those projects are unique to themselves because of the land configuration or the location or the market conditions at the time. But they all have some very common elements that I will not reiterate at this time, again, in difference to the hours that you’ve already put in and the other members of the audience have put in, but they were covered in the letter and packet that you got; there are certain things that we try to achieve in our communities that are common throughout, and you’ll note in reviewing the application for Woodbridge that there’s a Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 71 number of these common elements that you’ll see used again that have been successfully used elsewhere, there’s a number of the design solutions that you’ll see in Woodbridge that have been used before. So that’s kind of what we do as a developer. We’ve always felt since we began the business that the home-buying consumer is our customer; so consequently, we don’t view ourselves as a subdivider who sells lots to a builder who sells homes to a home-buying consumer. We view the home-buying consumer as our customer and design our projects accordingly, and consequently found ourselves in the building business because we’re always thinking there’s some product out there that consumers would like to have and maybe others aren’t supplying it, so we said, by golly, we’ll do that. We’ve been a builder. Our home-building operations is called OEI homes, and from the beginning, we built about half of the 645 units in River Run, so we’ve been doing this awhile. We also feel that the marketing and sales representation of any community is vitally important, so we have our own brokerage and on-site sales organization that goes under the name of OEI Properties. And one of the bigger nemesis is that you don’t come into contact with too often is the management of communities and the Homeowners Associations that are created within those, and that becomes a real challenge to do that and to do that well, and we found it necessary to be in that business as well, so we have a company called Residential Community Management Group that actually manages Homeowners Associations, and, frankly, we do our own. We’re not real excited about doing – making that a bigger business than what it really is. Clearly, we’re an integrated residential real estate developer, builder, sales and marketer, and association manager. I want to spend a minute talking about planned-unit developments and the planned-unit development process. All of those projects that I mentioned that we have done have all gone through the planned-unit development process. That’s why I’ve aged 45 years in the 20 years we’ve been in business. It is a more difficult process than the subdivision process. But let me read you from your Comprehensive Plan what the City of Meridian says about PUDs. PUD regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open space and other natural environmental features which enhance the quality of life. That sounds a lot like our mission statement. That is a good statement, we think. That’s all we’ve done for 20 years, and that’s the only business we’re in. So, we feel really quite passionately about this whole PUD process. The City of Meridian’s development and zoning ordinance also encourages the uses of PUDs, although, they’re not common in the City of Meridian. They’re not common in the Treasure Valley. Reference 8, specific key advantages of PUDs and we meet most of those and the other ones aren’t really intended for what it is we’re doing. So I would hasten to add, however, that the – if the PUDs are so neat, how come you don’t see more of them? I’ve got my opinions on that. I think they’re much more difficult for the developer; they’re clearly more difficult for the staff; they’re more difficult for Planning and Zoning Commission; they’re more difficult for City Councils to deal with. I think that’s for two reasons. One is here in the Treasure Valley, we’re not used to dealing with them so for every PUD that comes – residential PUD that comes along, Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 72 there’s probably, and I don’t know the statistics, there’s probably 1,000 Lot/Block subdivisions. Lot/Block subdivisions by their very nature are a creature of ordinance. They either meet the requirements of an ordinance or they don’t. It’s really quite an object of decision that you have to make on the Lot/Block subdivisions. The PUD, on the other hand, by its very nature is a judgmental issue. We’re asked to vary setbacks; we’re asked to vary lot sizes; we’re asked to do things differently in turn for more open space, more amenities and so forth, so by the very nature, they are subjective in character, and consequently, lend themselves to more debate and more, argument and in the end, it’s a judgmental decision. We think they clearly take more work, they take more time, they take more planning, they’re more expensive for us to prepare, it takes more of your time and your staff’s time; on the other hand, we think the end result is worth that effort, and that’s why that’s our business. In any event, we’re delighted to have found a piece of property in the – close to the City of Meridian that lends itself to this process and our approach to this business. We are happy to be working with you and the City of Meridian to bring Woodbridge to fruition, and we are confident that we'll be able to proceed with Woodbridge and create a community which both the City of Meridian and OEI can take pride. Let me pause for one second before turning it over to Derek. I want to back up and, I think, go over kind of concisely what you’re being asked to do tonight. There is a request for annexation and zoning of Parcel A which is one- and-a-half acres on the little yellow thing on the – west side B – did I – I screwed it up again. Okay. Parcel B, which is one-and-a-half acres on the west side of Locust Grove, and, frankly, that’s a path for annexation. While the 80 acres is more or less surrounded by the City of Meridian, there’s nothing contiguous. The acquisition of this property and its annexation and zone will allow the 80 acres to be annexed to the City of Meridian. That’s really our focus. The second that you’re asked to consider is the annexation and zone of Parcel A which is slightly more than 80 acres as an R-4 zone. Thirdly you’re being asked to approve or recommend the approval of the conditional use request for a planned-unit development that’s composed of a maximum of 283 home sites on the 80 acres. I’d also add that, particularly having witnessed some of the earlier discussion this evening, that because of the complexity of the CU process as it relates to a planned-unit development, typically, they’re accompanied by, and staff recognizes this, that they’re accompanied by a development agreement which incorporates all of the obligations of the developer and all of the commitments of the City that becomes part of the final approval. That is something only the City Council can do, so I think there’s a lot of work ahead of us to work with the staff and the legal representation to craft a development agreement that incorporates the needs and desires of the City and ourselves. That typically does not happen in a forum like this. Subject to a public review and public hearing, but it’s crafted as a separate document that would be available later in the process. So I just point that out that there’s an awful lot of details that need to be specifically worded. With that, I’ll turn it over to Derek who’s been in this business six years, and he started the Surprise Valley entitlement process five years ago when he was only 15, so he’ll – he’s aged a few years in those five. You’ll take it from here. Again, I thank you for your consideration (inaudible). Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 73 Derek O’Niell: Chairman, members of the Commission, my name is Derek O’Niell, 100 North 9th , Suite 300. *** End of Tape 5 *** go through quickly our concept plan and orient you with our site and what we’re planning to do with the site. Scott will help me and we’ll try to get oriented. My presentation is intended to hit the highlights of our proposal. There are substantial detail and backup information provided. If you have any questions, we’re happy to get into it, but I’m trying to hit the highlights of our proposal tonight. To begin with, I want to start with location and existing conditions. They were reviewed briefly. I want to hit a couple of things on the vicinity map. Location. Woodbridge and the site is one mile from several key employers to the City of Meridian including Jabill, Micron, St. Luke’s, Western States. There’s a large employment base very, very close to the Woodbridge site, not to mention the fact that Blue Cross, R.C. Willey and whatnot are less than just a couple miles away. We’re one-and-a-half miles from the core of Meridian, downtown Meridian, and the access to the interstate is extremely close to Eagle Road right to the interstate, and there are also several other major traffic circulation areas. Eagle Road which you’re all familiar with, Franklin Road. We’re three-and-a-half miles, essentially, from Boise Towne Square, and we’re seven-and-a-half miles from downtown Boise. In terms of the site itself, we’ve got a photo of the site and want to talk about the existing conditions. It was mentioned the site itself is 80 acres. It wasn’t mentioned, but the site has been identified in the Comprehensive Plan for single-family residential use. The site is through the small site that we talked about partially be – is contiguous to the City of Meridian or will be contiguous to the City of Meridian. There’s sewer and power and the utilities to the site. Water is 400 yards from the site where Jabill stubbed out a street to Locust Grove. We’re surrounded to the north by Greenhill Estates, and you’ll hear from several people tonight from Greenhill Estates and some vacant ground, and then two large parcels. We’re surrounded to the south by Locust View Heights. There are several owners from Locust View Heights that will talk tonight, and then we’re surrounded to the east by Magic View which is currently, I believe, to the City with a Comp Plan Amendment for a change in use for that whole entire area, and you guys are familiar with that. Then we’re surrounded to the west by vacant property, and that is intended to come into the City with a Comp Plan Amendment as well. That’s currently in the Comp Plan for single-family residential, but it’s my understanding that’ll come into the City for more of a light-industrial office use. That is why we’ve, at the City’s recommendation, agreed to ask for the light-office use on this small parcel we have. In terms of the site itself, the main feature through Woodbridge is Five Mile Creek. You’re all familiar with Five Mile Creek. It essentially bisects the center of the property. There’s some significant topography on this site. There’s a 20 foot drop from one side of the property to the other, essentially. There are wetlands and there are some flood plains on the property as mentioned in the staff report. We have worked diligently with the Corp of Engineers and delineated the wetlands on the site. There’s less than an Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 74 acre. They have been delineated by the Corp of Engineers. There are also irrigation laterals, and you’ll hear several people talk about the irrigation and the importance of the delivery of water tonight. There’s two serious irrigation laterals, the Barker and the Cook irrigation lateral. Both of those laterals deliver water to us as well as other users. Then Locust Grove, you’ll hear much about tonight as well, and Locust Grove Road is currently planned to be widened to five lanes and the 96-foot wide right-of-way with an overpass over the interstate over to Overland. Right now, that is not in the five-year plan, but it’s anticipated in the next month it will be in the five-year plan. I know it’s a high priority for the City of Meridian to push that forward. The City is working on getting federal funds to make that happen sooner than later. The last we talked with certain city officials that that was the project could happen in the next five years. And then, lastly, if you take all that into consideration and the surrounding area, the characteristics of this area are changing dramatically. I know there are several people here who wish that it wasn’t, but the characteristics of this area are changing dramatically. Magic View is changing, you’re seeing Jabill on the other areas, so the makeup of this area is changing seriously. With the existing conditions, we took all that into effect and essentially created a master plan, a concept plan for the project. Based on the existing and we look at the future conditions as well as feedback from neighbors, staff, agencies, water users, we had over 30 meetings in the 12-month period of time with neighborhood associations, with other neighbors, with water users, with staff and all the agencies, we created a plan that we thought – we weren’t going to satisfy everybody, but we thought we took most of the issues and put them on paper. The first thing I want to talk about was reviewed in the staff report is the circulation plan. Obviously, our primary access to this project will come off of Locust Grove Road, and we intend to have a spine road which would be a 37-foot wide section of road with a detached 10- foot pathway on one side of the road and, essentially, create a linear park from one side of Woodbridge to the middle of the project. Then as we cross a bridge – we’ll have to cross Five Mile Creek – we’re intended to have a clear-span bridge so it won’t impact the creek, we will turn into a looproad section. That looproad section will come out to Green Hill Estates. Right now, you’re showing a pedestrian access. We’ve worked with the Highway District. We’ve talked closely with the Green Hill Estates homeowners, they’re going to talk to you tonight about their desire not to have that be an access. We feel what can work there is an emergency vehicle access as well as a pedestrian access to the site. Emergency vehicle access can be designed such that there are ballards (sic) and that there is fire engine emergency vehicle access to get there in case of health and safety issues, but it wouldn’t be a thoroughfare for traffic. We feel that makes sense. In doing that, we also recognize that we have to provide a secondary access to the site. That is important. We have showing a secondary access at the southeast corner of the site. The reason we are showing that, it is the closest distance to a current public right-of-way. There’s a circle that’s drawn there that is a platted, public right-of-way that the Highway District currently has. It would create crossing two properties, both of those properties are bisected by Five Mile Creek so the property that we would cross is essentially unusable property for those owners at this time. There’s been discussion from the Highway District and staff that we move the access to the Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 75 north to create a straighter connection to the Magic View folks. We’re not opposed to discussing that with staff. We feel the most appropriate location for the secondary access is where we have it based on those reasons I just gave you. Those owners in that area along Magic View, it’s highly likely that that area is going to change, and we feel that it’s in our best interest to locate an area where we feel that there is control of the owners or the control of the property, and if at such time there’s a better use and a better way to connect it, we’re open to looking at that. So that reviews the circulation plan. There’s a lot more detail that I can talk to you about in terms of street sections and the planting and the sidewalks and whatnot, but I’m not going to get into that at this point. In terms of the development concepts, I’m going to read to you – you guys are tired of reading, but I’m going to read to you our goal for the Woodbridge property. The goal for the Woodbridge property is to create a community of lasting value which will provide the residents of the City of Meridian with a choice of living environments within a master planned residential community in close proximity to public service. The community will provide a quality housing in a variety of price points among abundant open space, natural waterway features that have been carefully preserved and enhanced. It will promote and maintain wildlife habitat along critical (inaudible) corridors, and it will include active and passive recreation opportunities for the residents of the community and the City of Meridian as a whole. I’m going to review some of the key elements of that plan. One of our key criteria in the communities that we do is creating individual neighborhoods that vary in price points and size. There’s a matrix that you’ve received that we’ll go through quickly. The different neighborhoods that we’ve identified at the size and price points of the homes that we see being built. The red area is Type A home sites. We’ve identified those to be 4,800 to 6,000 square foot home sites. Home size typical on those would be 1,200 to 1,800 square feet with a price point from $140- to 170,000 approximately. Type B home sites, which are the yellow home sites, are intended to be 5,500 to 7,000 square foot home sites, 1,800 to 2,500 square foot homes priced from $170- to 200,000. Type C home sites, 7,500 to 8,500 square feet and the Type C ones are the purple, I guess that’s purple, to be 2,200 to 2,800 square feet homes estimated price to be $200- to 250,000, and then Type D, the larger home sites, 8,000 to 12,000 square feet, 2,500 to 3,200 square feet, $250- to 300,000. Those are the different neighborhoods. We try to create the neighborhoods so they are insular, they’re somewhere between 30 to 40 home sites per neighborhood, and it actually does create the feeling and sense of a neighborhood, not just one big subdivision. We’ve had tremendous success doing that in the last several years in the communities we’ve had. Next element that’s important is open space. We have identified over 16 acres, or 20 percent of the land to be open space. There’s several different types of open space. Natural open space would, obviously, be along the Five Mile Creek corridor. We’re working closely with Nampa Meridian Irrigation District to make sure we can enhance and maintain that area and not just go in with a bulldozer and make sure it’s moving water. We want to work with them so that we can plant it and enhance it and maintain it. As you’re probably aware, this area has been farmed and there’s been cattle and whatnot all over the site, and that area’s in somewhat disrepair. We intend to reclaim that, plant it and make it a habitat, a natural habitat Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 76 area. We’ve had success in doing that, and some of the propaganda that you had before it shows some of the projects that we’ve done that with. We also have linear parks and neighborhood common spaces. The linear parks are along the roads as well as in between neighborhoods. We find that certain people don’t like just fully-fenced backyards. They also like the opportunity of backing up to open space. Those open spaces are anywhere from 50 to 75 feet wide, and they give people an option who don’t want to live on a fully-fenced backyard as well as a buffer between the neighborhoods. Then we also have pocket parks. The pocket parks are within the individual neighborhoods to create areas for children to play, for relaxing, et cetera. We also have a community center, and the community center is identified, essentially, in the center of the community, believe it or not, and it is a swimming pool, gazebo, restrooms, changing area, and then somewhere in the neighborhood of three-and-a-half to four acres of play open space, active and passive. We talked a little bit about environmental enhancement. We feel very strongly about that, and we are going to work very hard to protect and enhance Five Mile Creek. That is something that the City encourages and wants through their Comprehensive Plan. The next element, it is the number one amenity in the communities that we do and appears to be the number one amenity in communities throughout the United States, is pathways, both public and private. All of our communities have very integrated pathway systems. They start with a pathway system on Locust Grove which is detached from the road that allows people to get out of the project either way. We’d like to work with other land owners to make sure those pathways go somewhere other than just our community, so we’re trying to figure out how we can get it connected down to Jabill where the soccer fields are, et cetera. But that’s the first element of our pathway. That’s public pathway, then we have a pathway system that meanders through the community along Woodbridge Drive down to the community center, and that’s a detached pathway, 10-foot pathway, as well which accommodates bikes, pedestrians, runners, et cetera. And then in between each neighborhood, we have connections that allow people to get through the neighborhoods onto the pathway down to the community center without having to go directly out onto their neighborhood road or the main road. We also have a substantial pathway system planned for Five Mile Creek which also is identified in your Comp Plan. Right now, we are creating that pathway. It happens that a portion of that pathway can also be on the current sewer easement, the sewer line that comes through the property and then up over to the hospital. The pathway is – will also be along that area. We’ve – we are committed to that pathway right now. There’s not a path on either side of us. We want to work hard with the City so that maybe we can get a path that goes somewhere other than just Woodbridge, it actually goes through other properties down to other areas as part of the – a big goal for the City, but we are willing to work with and want to work with the City on that. Other characteristics of the community is, and you’ll hear about this tonight as well, is neighborhood buffer and fencing. We understand these neighbors who have lived in these homes for a long time don’t want to see anything happen out there. Through the comments we’ve had, they want to see a buffer and fencing. Right now we’re intending to put fencing along the perimeter of the project where there are neighbors. There are some areas where we wouldn’t intend to do fencing down along Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 77 where the water in Five Mile Creek enters the next area at this point we’re not intending to do fencing, but, obviously, we intend to fence our backyards and buffer between the neighbors. In terms of community’s design character, we showed some elevation of and the character of the architecture and the homes that are going to be built. The community design and character will start with the bridge. The bridge we’re designing to emulate, it won’t be, but it will emulate an actual wood bridge. There’ll be a change in the surface and it’ll emulate a wood bridge, and from that we’ll take the character of the whole community throughout. We’ll do our street signs, we’ll do street lights, we’ll do entry signage and whatnot all to emulate the wooden bridge feel and sense of the community. We feel that helps tie the community together and makes a difference. The – couple of other important elements to touch on: there will be, obviously, based on your requirements, but also because we believe in them, there will be a Homeowners Association and covenants, codes and restrictions. And there will be also design guidelines, so when homes are to be built, they’ll have to go through a design approval and make sure they meet the standards and requirements that we feel necessary to keep the character of the community. Another element that we commonly have in our projects is a builder team. We typically don’t go out and sell all the lots to all the builders in the community. We try to focus on the product that we want and then focus on several builders that will provide that product for us. So we will have an integrated builder team, and, essentially, builders will build in individual neighborhoods. Then, the last element that is important to mention is that we also intend to irrigate our common areas and individual home sites with a pressurized irrigation system that Nampa Meridian will operate and maintain. Those are some of the common elements of the community. I could go on with those, but I think that hits the highlights of Woodbridge. Some important issues for you to consider, I believe, it was touched on – our response to the staff report. There are three very specific areas there. I’m not going to read them. We submitted today and as part of your package, if you have questions, we can respond to it. Two, traffic and safety, I have for you tonight, as you probably haven’t received it, we just got it this afternoon, Highway District’s draft staff report. They have reviewed this project. They do have comments on it. I have that for you tonight. We have done a substantial traffic study. There are comments in the Highway District’s staff report that addresses the traffic and issues both on Locust Grove and the interconnectivity of the project. You’ll also hear about irrigation, and we’ve worked with, I believe we’ve worked with diligently and believe we will deliver water to the downstream users subject to their water right, same way they’re getting in today. We intend to pipe it and put it through a common area, but they will have the same amount of water as they do today, and we will commit to cleaning the pipes that we have and making sure they’re delivered water at the times they need it and the amount of water that they’re accustomed to having today. And also, backing up of the upstream users, there was a concern that if we put things in a pipe, it’s going to all get stuck and kind of backup and flood out the upstream users. We’re committed to programming a plan, also, that will make sure that we have the proper clean-outs and appropriate mechanisms so that it doesn’t back up the upstream users. And then the other area I already covered was the buffer of the neighborhood, fencing, and we’re committed to Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 78 doing that. So, in conclusion, I’ve cut my – and you’re fortunate that I cut my report down from a lot longer report, but in conclusion, I believe that the City’s mission and goals go hand in hand with Woodbridge’s missions and goals. It’s a win-win project. There are definitely serious concerns that you’re going to hear about tonight. We feel we’ve diligently and will continue to diligently work with the owners to work those issues out, but we’re going to request your forwarding these applications for positive recommendation to the Council. So that was very quick. I’ll stand for any questions that you do have, and we’ll get you here shortly the staff report from the Highway District. Thank you. Borup: Thank you. Any questions for Derek? Derek, the ACHD report, is this the one that you referred to or is there later one? Derek O’Niell: No. We have a later one that was dated today. Borup: This is dated today. Derek O’Niell: This is the real staff report, not a letter from Mr. Sale. Borup: Okay. Anyone else? Any other Commissioners? Thank you. Did you have anyone else from your team? Okay. This is a public hearing. It looks like we have a few people that may like to testify. We want to be able to get all the comments in we can. I would necessity (inaudible) this size, depending on how many are going to speak, we’re probably going to need to be some limits on time. Pardon? The – we have received the petition concerning the access road into Green Hills. We’ve noted a petition, and I’m not sure where a lot of the comments are. I – maybe approach and break those down that we don’t (inaudible) the same things throughout all the testimony. The other question I would have, and that’s the other thing that can allow for longer testimony is if you have a neighborhood representatives. Our – has any of the neighborhoods organized where they’ve got a representative to be speaking for the neighborhood? Two hands went up. Is that two different neighborhoods? Okay. Okay. That usually works real well. I think information sheet mentioned that. So we would like to have anyone that would care to come on up. Do we want to start with a neighborhood representative first? Okay. We need – as you may have noticed, have everyone state their name, address and perhaps spelling of their name. Fender: My name’s Fred Fender and I live at 2134 Autumn Way which is in the Green Hills Estate just immediately north of the proposed subdivision here. And as you can see, it’s a pretty hot topic. People glazed eyes up here in the audience are trying to get through, so I’ll try to keep my comments fairly short, but we, obviously, have some concerns about this. First of all, we are actually as a neighborhood group, a neighborhood association, have been largely supportive of O’Niell Enterprises and what they’re proposing here as far as the rezoning annexation. As a whole, we really have no problem with that. You’re probably glad to hear that. We’ve been probably pleased Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 79 to work with OEI. They’ve been open with us and have had several neighborhood meetings; have been able to answer questions. I feel have been honest with us in terms of what they’ve got planned. So we’re pleased to see this scale of activity in our backyards. The probably the biggest issue is – stems from this access road. As you know, this part of Meridian is blossomed with commercial enterprises and now with more residential developments, and any of you that either live here or at least drive back and forth through this area realized what a traffic jam this can be around Franklin Road, Eagle Road, and now probably soon to be Locust Grove. As the plat was originally given to us as homeowners, it was drawn or approximately as it’s drawn up here this evening, there was no mention of a vehicular access road which goes up there on that northern boundary, as you can see. We feel that that vehicular access road really would detract from our neighborhood. We feel it probably is not necessary to get access in and out of this subdivision. With the main access being off of Locust Grove and ultimately off of Eagle Road as it comes around. The reasons are many, but I’ll just name a few. Number one, our subdivision, the Green Hills Estate, is a fairly quiet subdivision. It’s tucked in down behind everything else. When you drive into the subdivision, you’re going nowhere else except into the subdivision. There are no sidewalks other than just a few limited sidewalks up to the half acres which is closer to Eagle Road. There are lots of pedestrians that go out and walk on these, that run or ride their bikes. We feel there are safety issues with routing traffic through our subdivision. It’s not lit, we do not have streetlights at night. It’s actually fairly dark. We feel like that presents some safety issues with traffic that is routed from this new subdivision and through our subdivision. Lastly, that is the traffic jams that we see trying to get out of our subdivision either off of Autumn Way or Springwood onto Eagle Road. I think you all know what kind of a problem that can be at certain times of the day. You can sit there for minutes trying to just even make a right-hand turn let along a left-hand turn with (inaudible) impossible, and so to have more traffic coming (inaudible) subdivision trying to accomplish the same thing would be counterproductive. The same thing on Franklin Road at times of the day, rush hour at five in the evening or seven or eight in the morning, it’s extremely difficult to get out of our subdivision, so now to have more cars come in, we think that would also be counterproductive. Not only that, but you’ve heard of (inaudible) developments to the west, Jabill and that is only, I’m sure, the beginning of more businesses that will be built back there. If Locust Grove stays as it is for another five or six years or who knows how long, it would be an easy jaunt in through the proposed subdivision back up the vehicular access road out to Franklin Road to avoid that intersection at Locust Grove and Franklin which we think could be a real possibility. And so, those are just a few of the main reasons why we, at least as the neighborhood association of Green Hill Estates feels like this is a great subdivision to be planned in our backyards as a whole. Again, we’re supportive of it, but the vehicular access was one of our major concerns, and we’d really appreciate your concern and your studying this issue before passing this on to the City Council. Thank you. Can I answer any questions? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 80 Borup: Any question for Mr. Fender? Mr. Fender, then it sounds like that was the only item you brought up as far as the subdivision, was the Weatherby access. Were there any other concerns? Fender: Yeah. There are several other concerns. Probably the next biggest concern would be the buffer between the neighborhoods. A mention was made of a fence, well, we appreciate a fence, but certainly the type of fence, and I realize this is not an (inaudible) of this committee, necessarily, but we certainly do not wish to see popsicle- stick fence up that falls down in two years and fades and then is open to repair by whoever wants to take it upon themselves with a project. That’s probably one of the biggest of our concerns that we had as a whole neighborhood. I’m sure that if there are some other people that want to testify. There may be some other concerns on their part, too. Borup: Do you know what – is there a fence currently along the Green Hill property on most of them or is it hit and miss? Fender: Just wire fence right now. Borup: Just a wire fence? Fender: Just barbed wire fence. Borup: Okay. Just see – I guess I’m trying to get a feel for the concern on the – the applicant already says that they would be putting some fence – Fender: Right. Borup: -- and I’m just trying to get a feel for why this is different than any other adjoining subdivisions. You got a one neighbor’s yard backing up against another neighbor. Fender: Right. Right. Well, and we are pleased to see the quality of the subdivision. If we had $80- to 100,000 houses going up next door, we would be very concerned of that, but the fact that they will enhance our properties, our properties are larger, we are all one-acre lots along that one side until you get up closer to Eagle Road where you have half-acres. Overall, we’re quite pleased, at least, to see that they’re making an attempt to match the property values. Borup: This one looks like you’re looking at $300,000 homes along there. Then the question on – and you’ve already made mention of that, but you realize that the applicant’s first design did not have a road through there. That request has come from ACHD. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 81 Fender: Correct. Borup: And from City staff. Fender: Uh-huh. I would like to know exactly the rationale – I can understand possibly some emergency vehicle accesses, I think they had originally planned. But that road, I think, would need to be closed off with promises that that’s not going to be punched through at a later date. Borup: I think ACHD is concerned about having one access into a subdivision of this many homes. Fender: Right. I understand that, and I think that’s – Borup: That’s why they were recommending more. But the other question I had was the applicant’s suggestion of making that a non-accessible road, just strictly emergency access only. I think you may have seen that in other subdivisions where they have the posts, the ballards in the middle where a fire truck and emergency – either remove them or drive right over them. Any comment on that solution? Fender: Yeah. There are differences of opinion, I think, on that, and I don’t necessarily want to speak as a subdivision as a whole. My preference, obviously, would be nothing at all. I might just add my house is just to the west of that vehicular access or that road. That’s why I have a little personal stake there. I use that – there’s a gravel path right now that goes back to my shed. A three-car shed that we store and park in, but be that as it may, I’d just as soon see nothing there. Just close it off totally, however, an emergency vehicle access, gravel path, camouflaged with a gated access, you know, whatever design could be come up with. I think we would all be happy enough with that. Our main concern is just not having free flow of traffic in and out of close to 300 houses going through our neighborhood and backyards. Borup: Thank you. Commissioner Brown. Brown: I’m afraid that what would happen is it’s going to be the other way. The Green Hill Homeowners Association as Eagle Road gets cut off and it is going to get cut off. There’s not going to be any access out to Eagle Road in the future. As we discussed St. Luke’s project and the long-term aspects of what’s going on Eagle Road, there will not be any connections past my house to Eagle Road in the future. And as Franklin becomes more traffic bound in the future, what’s going to end up happening is the Green Hill Homeowners Association is going to desire to drive through the Woodbridge Subdivision out to Locust Grove and then travel on Overland to get on the freeway. I know that sounds absurd to my neighbors that are here, but long-term, that’s more likely to happen than the few people that live in the back of that subdivision to drive through our neighborhood. I think that their request to have it as it is right now, the stub Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 82 – stubbing to neighborhoods was done when this subdivision was done. That connection was provided when the Phase I of Green Hill Estates Subdivision was done. That’s – when you bought your property, you bought next to that right-of-way, and it was there. And the purpose was for it to provide interconnection to another residential subdivision. Fender: Right. Brown: Living where I do and living up next to the commercial development, you got a real nice neighbor compared to some of my neighbors, and, you know, I understand everybody’s concern, and there’s a lot of things that the Homeowners Association can do with the Highway District to calm the traffic. I mean, we have 50-foot right-of-ways in our subdivision. There are straight streets. You drive down Autumn Way or you drive down Springwood and you come around the loop there, and it’s a straight road for a half a mile and people drive fast. Who’s the people that are driving fast? It’s us. We’re the ones that are driving fast. There are some cut-through traffic, and we’re getting more and more. But the thing that happens, and the thing that you do to slow the traffic down is to take that 50-foot right-of-way and narrow it. There’s a lot of ways of doing that. That would be my recommendation for the Homeowners Association is to be proactive and get that right-of-way back, not necessarily the Highway District’s going to give it to us back, but if you look down those streets and you see the width of the road and how far the homes are set back, you think you’re on the freeway. It’s a wide road. If you narrow that down, and you can do that visually by painting the road and putting islands in, I know that the acre part of the subdivision’s not set up for having common area and someone maintaining them when you’re on your own separate wells, but those kinds of things would calm the traffic and keep it slow. I think, as I have read, the Highway District’s staff report, what they’re looking at is requiring the connection, but not necessarily having it open at this time. And long-term, I think that that’s to our benefit. Some day in the future, we’re going to be asking them to take down the ballards so that we can get out of our development. Fender: Well, that could be. I don’t know what’s going to happen out there on Eagle Road, but all I know is that I do get concerned about more traffic coming in those straight shots; however, you get down a straight shot, that immediate 90 degree angle, then another immediate 90 degree angle, blind corners, you know, there is not made to have free traffic flowing in and out of our subdivision. Borup: Any other questions for Mr. Fender? Thank you, sir. Fender: Thank you. Borup: Yes, sir. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 83 McMillian: My name is Reece McMillian. I live at 870 South Locust Grove. I’m the second house south of this development, and this seems like a monthly deal here. You come in here and you beat your head against the wall to try to cure a migraine headache. The big problem is traffic. Locust Grove and Franklin is not set up to take anymore traffic than what it is on now. Within the next few days, East Central is going to be past Jabill onto Locust Grove which will add traffic to it more than what there is now. If you open up this other subdivision, that comes down to Locust Grove, you’re creating a big headache down there on the intersection. So, I don’t know, you know, if they’re going to widen it to five lanes in the next five years, let them wait five years for the subdivision. Thank you. Fox: Alan Fox and I live at 1840 Cadillac Drive. I bought up to the south of this subdivision. Dr. Fender, I’m sorry, but I would love to see that road go out your way, then they wouldn’t be going out Locust Grove on us. Right now, you have approved a 92-unit apartment building on the corner of Locust Grove and Franklin. That’s going to add traffic to us. As Mr. McMillian brought up, that road’s going to be paved, Jabill, when they start business, they’re coming out on the road. If you’re going to approve this, let’s hold off on it at least until the road’s taken care of. When I moved in out there, I was told within ten years that overpass would be over the freeway. Let me tell you, I’ve been there 27 years, and it’s not there yet. And you say five years? Maybe it will be five years. When you have the money in hand and the property, then I’ll believe you that it’s going to go over. Until then, I can’t, you know, like I said, I’ve been there 27 years. 280 homes, you know, if they cut it down a little bit, that would help us, but they want to start building the homes up on Locust Grove. So all that traffic’s coming out on Locust Grove. The road is not going to be punched through the back side of the property to go out towards Eagle. From the talk we had, the one talk that he came out and talked with us, any time in the near future they’re going to start on Locust Grove and work their way back slowly. Larry Sale made the statement, as you said five years, he said there’d be no improvement for five years. They turned a 300-unit apartment complex down over on Overland and Locust Grove because of traffic was one of the reasons, and we’ve got that right here. If they’d push for traffic – that road out the back side so some of the traffic can go to Eagle, which they may, I don’t know if they would, but that would help relieve us on Locust Grove. That’s going to be nothing but a bottleneck there, and somebody’s going to get killed down there at that intersection. They’ve already had one guy in our subdivision his pickup was totaled out. He pulled out down there and a car got him. He didn’t see it. And somebody will be killed until that road is fixed. Thank you. Borup: Thank you. Anyone else? Plant: Morgan Plant, live at 300 South Locust Grove. I have no problem with the concept of this development. My big problem is I have not seen anything in writing or in detail about how they’re going to get my irrigation water down to me. I oppose this project until I see something in writing and a contract by these people telling me how I Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 84 am going to get my water down there, how they are going to water their place. I have a great concern over that. I have been working with Scott Beacham. I trust him, I trust O’Niell. But by the same token, I have not seen one piece of paperwork. I’ve asked Nampa Meridian. I’ve asked the staff here, and no one has said they know anything about what’s going to happen with the irrigation water. But they’ve said tonight what’s going to happen. Apparently, staff has been in the know. They said they’ve talked with Nampa Meridian. Nampa Meridian denies talking with them and working with them. Now, somebody is not telling the whole story. I oppose this project until I see in writing what exactly is going to happen to my irrigation water. Borup: Mr. Plant, are you concerned that they’re going to prevent the irrigation water from coming to your property? Plant: No. They said they will get it there, but we are an in-ditch user. Our water comes from over on Overland Road. Borup: Right. I’m just trying to understand what your concern was. You say you don’t have – Plant: Are we going to divide water with them? Are we going to share streams with them? Are we going to have separate head gates? Are they going to take it out of Five Mile drain? What? Borup: I think the law provides that you would still be provided with the same water flow that you’re entitled to now. They cannot interrupt that. Plant: I understand that; however, do I have access to the ditch all the way through? Scott assured me that they will. But neither you – you have said that I will get the same stream flow. We’re on a rotation with the people in Locust View Heights. We get an X amount of water for a certain period of time. Is our water going to be split because the water coming to that property now comes through our ditch also. It is a shared ditch. Where’s their water going to be taken from? If they’re going to provide continuous pressurized water to this subdivision, how are they going to do it? I’d like to see some drawings, some plans, some concrete evidence of what is going to happen to the irrigation water. Borup: I think at this point, that’s premature to have that. Until they have some indication on approval of the project, then that’s when those things are usually designed. But the assurance would be that your water will continue, and I think Nampa Meridian is going to make sure of that too. Plant: I agree. I could read the Idaho Code as well as you folks because I have a water users handbook also, but I haven’t seen anything in writing, and my contention is still that I disapprove this project until I see something in writing because the City of Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 85 Meridian made such a mess of Stonebridge and the irrigation water, I don’t want to see it happen here. The Mayor and Shari and the developer has a copy of my demands on the irrigation water; correct, Shari? Borup: Any other questions for Mr. Plant? Thank you. Rockrohr: I’m Dick Rockrohr. I live at 2715 Autumn Way in – Borup: (inaudible) Rockrohr: Rockrohr, R-O-C-K-R-O-H-R. Brown: Are you adjacent to the subdivision? Rockrohr: I’m in Green Hill Estates. I’m not adjacent to the subdivision. I’m off – I’m in a one-acre off in the corner, so I’m not really adjacent. I kind of like the layout and everything. Listening to some of the people, though, on traffic concerns, you know, I think maybe we are getting the cart ahead of the horse in a lot of places. We’re at the mercy of Ada County as far as when they’re going to upgrade these roads, and it sounds real good if we get Locust Grove and Franklin upgraded and a light down there, and I know that they’re going to punch through in the new commercial development and go to Magic View and have a light that accesses the St. Luke’s light, and it comes around and accesses to there on the back side. So there is access to a light when you get on. Without a light, it’s really hard to get out there in a lot of times. Especially if you’re trying to make a left. You’ve got to make a right. Maybe we should get a commitment from Ada County on when this is going to happen, a time frame, before we get to crazy on developing anywhere. That's all I’ve got to say. Borup: Thank you. Anyone else? Smith: I’m Marshall Smith. I live on 398 South Locust Grove. The south part of my property borders the project. I’ve had amicable talks with young Mr. O’Niell, and he was – we agreed together that good fences make good neighbors, and we have, also, an agreement that because I am rural, and we have – I put sheep on my property, so I’m interested in not having the sheep abort or have problems because of the noise and the dust that comes from building a project. He spoke to me as a possible berm with maybe a four-foot fence on it or something like that. Anyway, he certainly sounded very eager to be a good neighbor as well as I am eager to be a good neighbor to him. And I share with my neighbor, Mr. Plant, a concern because I irrigate my property, and I do it from the same irrigation that the South Locust Heights use, and it comes down across the property. But if they plug off the (inaudible), why, I’ll get excited about it. But as long as the thing accommodates and the bulldozer doesn’t plug the ditch up in my irrigation – I have it on a timed basis, the same as other irrigation users. If I miss a week, I’ve got hot spots in the pasture, and I have trouble. So I’m enthused about the Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 86 use of the property next to me. I think it – they’ve got some wonderful ideas, and I approve it with those reservations and concerns. I’ve met the young Mr. O’Niell, and we’ve been very amicable. I’m looking forward to meeting his father. Thank you. Borup: Thank you, Mr. Smith. McMillian: I’m Del McMillian, and I live at 870 South Locust Grove, and I know we’ve discussed for the last few weeks all the problems of Locust Grove and the traffic, so I won’t go – but I am really, I mean, I have lived in Meridian my whole life, and I just can’t see the schools. I can’t see the schools, I can’t see the police department, I can’t see – we don’t even have enough fire department to handle all the people and the stress that Meridian has on it right now, and I just figure that maybe we should maybe plan first and build later rather than just building and wonder what we did wrong. But I do. I wonder about the schools. We’re really in a hurt for schools and everything else. They say they have enough to accommodate, but, basically, they really don’t. The way that I understand it, we really only have three policemen that are actually really on the force. That’s what I was told. That’s not enough to handle Meridian. So that’s my concerns, plus on some days on Eagle Road, since that has gone into as many lanes as it is, if the wind is right, it sounds just like the freeway. We get the freeway noise, we get that, and I really don’t understand how you gentlemen want to build something so nice in an area like that. It’s not an area for that type building. It’s a farm area, and it’s just – it’s depleting your purpose because I think it’s a terrible place for you to even plan something like River Run. I mean – we have that big apartment thing that’s going in, and that’s a low-income thing, so something like this across the road from that just doesn’t sound too comparable to me. Borup: Thank you. Mecham: My name is Bryan Mecham. I live at 2159 Autumn way which is just to the north or just to the – well, north of the development, and I’m east of the stub road. First of all, I just want to say I’m on the committee with Fred Fender, and I agree with everything he says. I helped seek out the numerous signatures of the people in our Homeowners Association who do not want vehicular access. I think that, personally, being a prudent business person myself, I know that development is going to happen, and I differ with some of these people who think that with – *** End of Tape 6 *** I’d rather have a nice, quiet community. So, realizing that development is going to happen, I’m in full support of the development because I’d much rather have that than what I previously mentioned. One of the concerns that I have is – one of the things that I’m willing to give in on as being the person right next to there is emergency vehicular access. One of the things that happened was when I moved here two years ago, I did my homework, we called Shari Stiles, we had some of the things we were told then, Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 87 none of those have come to pass. Secondly, we also contacted the ACHD. They told me that I tried to vacate the right-of-way, they told me that they couldn’t do it at this time until they found out who purchased the land and what it was going to be used for and if that the home, if that person didn’t want to have use of that property, then I could have it vacated. So when O'Niell Enterprise came and said, “We’re going to put this development in,” we immediately talked to them about that, and they said, “We don’t need – we’re not wanting vehicular access into your neighborhood.” So I though I was in a good position because here I had a developer who was saying they didn’t want use of it, the County’s saying that if the developer didn’t want use of it, that I could get it vacated, not have it. Now they’re going totally against what they told me. So that kind of concerns me. I agree with Kent Brown as far as, you know, down the road, if we do get shut off at Eagle or Franklin, how are we going to get out? I guess the question I pose back to the City is: What were you recommending if that farmer never sold the 80 acres and he still owned it for five more years, how were we going to get out when Eagle and Franklin – what were your recommendations for our development then? So I’m saying whatever they were for then, why can’t they be implemented now? Unless it’s going through that road, of course. So those are a couple concerns. The other thing is, if it is vehicular access, I talked with Scott before the meeting, I mean Derek, excuse me, Before the meeting, and he mentioned that if – his proposal right now is maybe vehicular access with a right-of-way to the ACHD so there’s emergency vehicle, and then down the road, if what Kent’s saying is, the developments happen where maybe we do want to go through that development, then it could happen down the road, but if the other things don’t come to fruition like it sounds like it’s still 27 years later there’s not an overpass on Locust Grove, then maybe this other stuff might not happen for 20 years, why put a road through there that we wouldn’t need to if the other things aren’t going to happen in the next 20 years. I just want to go on record that I am appreciative of the fact that we’re going to have a nice community behind our house but oppose any vehicular access other than emergency. Thanks. Borup: Any questions for Mr. Mecham? Bryan, maybe I’ve got one. Mecham: Okay. Borup: It’s just on clarification on whether the – sounds like you’re saying, and I’m interested since you are an adjoining neighbor there. Sounds to me like you’re saying your idea of a pedestrian path and an emergency vehicle access may be something acceptable, and I think that’s something that as far as emergency vehicle, that’s something that can benefit both subdivisions depending on what emergency. But – I can understand. I would have the same concern with traffic coming down Locust Grove, wanting to cut through here and then through your subdivision. I think that would be the immediate concern. I could also see, perhaps, after the overpass goes in that the traffic could run the other direction. I guess it sounds to me like you’re saying with not having access at this time, but having the right-of-way there that it would leave it open to some future date if that was the case, and your subdivision may want to have Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 88 that then you’ll be able to have that access. Your preference right now is definitely not to have it. Mecham: I guess I have to go on – I have to walk a tightrope because as a subdivision, the subdivision is saying, and I signed a petition that I do not want access at all. Personally, I’m saying I support the subdivision, but at the same time, I understand that if somebody comes and says, okay, they’re not willing to bend, and so we’re just going to put the road in and who cares, then that concerns me. I’m rather willing to say that as a person living on that property line, I’m willing to say if I can win with emergency access with the knowledge that if something happens down the road where we get shut off at Eagle and get shut off at Franklin, then we can open that up and we’ll be able to go through the other community. I know that’s probably not what they want: to have us going through that community, but I think it’s a compromise we’re all willing to pick to make sure that this development goes through. Borup: Okay. Thank you. Anyone else like to come forward? De Weerd: Mr. Chairman. Borup: Commissioner De Weerd. De Weerd: I haven’t been feeling well all night, and I really have to go. I just don’t feel good. Could I please be excused? Borup: Yes. We still a quorum. Come on up, ma’am. (At which time Commissioner De Weerd leaves the meeting.) Smith: I’m Jere Smith, and I live at 335 South Locust Grove. Mr. Borup, I hope you’re also concerned with me as far as I understand by reading this that there is a Parcel A and Parcel B, and as Mr. O’Niell said, Parcel B is the little 1.5; is that correct? I wasn’t aware of that. I know that young Mr. O’Niell owns it, but I wasn’t aware, yes, I see it up there now, but I wasn’t aware of that in our packet or in our letter that we got. I wasn’t aware that this was going to be included here tonight. I don’t know what their plans are except it says limited office, and that happens to border our property. I’m very concerned about that, and I’d like to know what the plans are. Borup: Okay. Maybe we can find that out. Smith: Pardon? Borup: Maybe we can find that out for you. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 89 Smith: Okay. And I’d like to say we’re talking about traffic, and I happen to be coming down Franklin Road one day turning and going south, and as you all know that the school buses also take Franklin Road, and there were six school buses, and by the time those school buses all lined up to go left or go north onto Nola, they had Locust Grove blocked off. You could not turn on Locust Grove. I don’t know if you’re aware the construction trucks, I mean, we’re talking semis with (inaudible), the whole bit, down that road continuous now. So I don’t know how that we can handle – the people in Green Hills are concerned, but the people on Locust Grove, if they channel all this on there now without having adequate access and excesses to it, it’s going to really be a problem out there with all of the construction and everything. I’m very concerned about this limited office here next door to me, and what they’re going to do with that, and how they’re going to keep the property cleaned up because they – I thank them for coming in and having it mowed, but whoever came out and mowed it mowed the circle. Like I’d go clean my living room in the center of it and leave the rest of it, so I do have to visit with them about that. We’ve eaten an awfully lot of dirt this summer. We can’t touch anything at our house. I feel like a prisoner in it because of John Barnes which is a nightmare behind us, and I hope that the O’Niells doesn’t present that kind of a problem for us and multiply it anymore because we just about had the limits over at our neighborhood. Thank you very much. Borup: Any questions for Mrs. Smith? Are there – looks like there are – (inaudible) then on Locust Grove? Smith: No. There’s one, two, three, four. Four of us? Is that right? Four residents? Unidentifiable: Five. Borup: I mean on your little strip there on the same side. From you north. Smith: There’s four of us and then Dr. West is on the opposite side of the road and the Plants. Then Mr. (inaudible). Borup: I was just looking at that section right along there. The area of you, I can only see – Smith: Are you talking the west side of Locust Grove? Borup: Yes. Smith: There are four of us. Borup: Okay. There we go. I can see. Two of the properties are for sale right now? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 90 Smith: Yes. Mr. Plant’s is for sale and Mr. Presley’s are for sale. Gene Presley and William Plant. And mine may be for sale too if the price is right. Borup: I thought I’d seen two for-sale signs on the west side. Smith: I’m not aware of that. Borup: Okay Smith: I think the Robbersons still live in their house, and the rest of us are still there. Borup: Thank you, Mrs. Smith. Smith: Uh-huh. Borup: Anyone else? Your last opportunity. Good. Thank you. Commissioners? Any questions that you’d have from staff or – Yes. I was getting to that. Hatcher: I have a question for staff and a question for the applicant. Borup: Okay. Why don’t you hit the staff first and then we’ll get the applicant up because we do want to ask the applicant also about what they’ve got for the L-O property. Hatcher: Okay. First question for staff is: Since we don’t have a representative of the Fire Department here, are you aware of their – do they allow, does the Fire Department allow grass pavers to be used at access strips? Some departments do, some departments don’t. I was just thinking as a common – satisfy both needs that this access strip into – Unidentifiable: (inaudible) public right-of-way, though, so you’d have to ask -- Hatcher: That would be an ACHD – Unidentifiable: because the Highway District (inaudible). Hatcher: Right. Well, they don’t. It’s either undeveloped though. Because I’m thinking that maybe grass pavers would still allow emergency vehicle access, but then it would still be like a park. So it’s something that, I think, I’d put to the developer to check in on and work with ACHD and the Fire Department. As far as staff’s notes, do you know if Meridian Fire Department allows them? Freckleton: Mr. Chairman, members of the Commission, to my knowledge, I don’t know of any location where grass pavers have been utilized. We do have several locations Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 91 that concrete paths with ballards have been used, but I’m not aware of any grass paver situation. Of course, this is different since it is platted, deeded, dedicated right-of-way. Most all the other situations are over common lots – Hatcher: (inaudible) they have done it. Thank you. My other question is to the applicant. This is in regards to street access. I figured – Borup: Which one of them you’d like to address that? Hatcher: Whoever wants to answer this question, I’ll pose the question to you. I’d like to know if you’ve had communications and talked with the owners of Lots 14 and 16 at the southeast corner of your proposed stub street. O’Niell: (inaudible) Borup: Would you like to come on up? Hatcher: Let them collect all the questions if that’s what he desires. Borup: Did we have any other questions from the Commission? Did – Pete O’Niell: The way we would normally do this, and I don’t know what your process (inaudible) is typically we get a chance to respond to testimony. Borup: Right. And I think – Pete O’Niell: You have a chance to ask any additional questions you’d like (inaudible) is that fair? Borup: Yes. That’s what we’re going to do. I think we were done with all the testimony other than Mr. Mecham as raised his hand again. Did something new come up? Mecham: When Mr. Richard Hatcher started talking about the right-of-way again, I guess, the question that I would propose – the question I'd like to have asked is it’s my understanding that it’s the staff’s recommendation that vehicular access be put through that subdivision. To our subdivision. I just want to make sure that’s recommendation, and if it is their recommendation, I would ask that that recommendation be changed to emergency vehicular access rather than vehicular access. Borup: Okay. I think we understood that. Yeah. That is their recommendation, but it’s our recommendation that will go to City Council. Thank you. Mr. O’Niell. Pete O’Neill: Thank you. I’d kind of offer a compliment, by the way, that we’ve done business in a number of cities, and you’ve got a very civil leader in Meridian, and we Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 92 appreciate that and appreciate your concerns. Particularly at this hour. It seems to me that there’s three general issues that run through the questions in the public, concern in the public testimony, plus the third specifically, how we’re going about finding an access to the east. Those concerns would be the whole approach to Green Hills Estates in terms of access, emergency, full-time vehicular, grass pavers, whatever. The other issue is the whole water delivery irrigation, down-stream users, if you will, and shared users. The third is the whole traffic in general in the general area issue, whether it’s Locust Grove, Franklin Road, Eagle Road, it’s – it really is hardly unique to this project. It’s unique – it’s the Treasure Valley and everything is in one of the prices you pay for prosperity is growth and a little more congestion. So let me try to deal with those as they came up. In terms of Mr. Fender’s and the people concerned with the Green Hill Estates access, let me make our position very clear. When we first looked at the existing conditions and we saw that there was a right-of-way to this property from Green Hill Estates, we said, well, that takes care of our second access. We’ll come in from Locust Grove Road and we’ll go on out through Green Hill Estates, and that’s a good idea. But we never even floated that as far as I know with any of the neighbors in Green Hill Estates, and talking with ACHD and in talking with the City of Meridian, and talking with ourselves and to the landowners in Magic View – is it Magic View? No. To the east. The whole issue really became is the secondary access, should it really be to the east headed for Eagle Road or should it be back again to the north headed for Franklin Road? You know, we may be brash, but we’re not brash enough to even suggest to the residents of Green Hill Estate that the primary secondary access should be to the north through Green Hill Estates. Our proposal from the beginning is an emergency access and it’s a pedestrian access, period. That is our proposal today. A compromise to ACHD’s staff report, and perhaps the City of Meridian staff report, although it wasn’t particularly clear on that is, we’ll provide the 50-foot right-of-way so that in the future, if traffic studies, the neighbors, ACHD and the City of Meridian and our own neighborhood association decide that that should be full-time, the right-of-way is there for that to happen. I personally agree with a lot of the neighbors that I’d want to either have no access or emergency access. I think we’re going to lose that argument, and if we can buy a future, provide the right-of-way, and let ACHD be happy and the City of Meridian be happy and put Green Hill Estates into the decision, ultimate decision-making process, I think that’s as good as we can do. Keep in mind the emergency access, A, can be – I don’t know in the City of Meridian. We’ve got grass pavers on emergency accesses of at least five locations that I’m aware of that other fire departments have bought off on and other highway districts, including ACHD, bought off on, so that is a reality. That’s what our proposal would be. To disguise it. We don’t want a super-highway coming up (inaudible) bollard on that, so we’re kind of in your camp on that. I would suggest that you turn that to the ACHD hearings as well because they’re the ones that are probably going to drive that decision. I would also point to the traffic study which very clearly says we don’t need three points of ingress and egress. Then as it relates to the traffic in general issue, there has been an extensive traffic study done that’s been reviewed by the Highway District that it’s in this report, unfortunately, we didn’t – we should have summarized that report, but, essentially, Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 93 they’re saying the impact of this project on the traffic on Locust Grove Road which is really a function of the intersection at Locust Grove and Franklin, that’s where the traffic problem is. Until there’s an overpass built, there’s not a traffic problem on Locust Grove. If there is one, it’s at Franklin, and it does not change the level of service, project in itself. If you add all of them, notches it down according to their studies of – it’s still at a satisfactory level. I can commit to our neighbors and the City that a bad traffic situation doesn’t help us. We’re going to try to market property, and if you can’t get to it or from it, it’s going to be hard to sell property. We would work with the City. We would work with the neighbors to accelerate the improved intersection at Franklin Road and Locust Grove. That’s the issue is that intersection. Whether it’s an LID or whatever to accelerate that – the improvement of that intersection, we’re all for it. As it relates to the – I’ve got some kind of questions that we’d build slowly towards Eagle Road. I hope not. We’d like to do this quickly. That’s the business we’re in. We’d like to get through and get out the other end. But, coming back to that, we’ve made the decision that the appropriate secondary access is to the east. We think that little stub is the shortest way to a public access point. There may be arguments for other locations. We have talked to all of the landowners including those two and all of the other major owners in that subdivision down there. Their property has gotten very, very dear, and based on what some of them think their property’s worth, you’re not going to see single – five-acre or one-acre single-family development in there. You’re going to see something much more intense whether it’s commercial or industrial or retail or apartments. Those people are not asking prices that will keep that in residential property very long. Those two little owners, they’ve got some property that can’t be used for anything. We think there’s a logical case that we can get through there, and we’ve got their commitment to work with. Don’t have a deal. Hatcher: So you have talked to them directly about bringing a road between your development and the Five Mile Creek to the closest – looks to be a cul-de-sac of a public right-of-way? Pete O’Niell: Yeah. There’s an existing cul-de-sac right-of-way. Hatcher: So instead of a cul-de-sac, we’d – you’d just extend that right on through? Pete O’Niell: Extend that right on through. Then you’d have access to some property that’s otherwise unusable. Hatcher: Right. And they have no problems with this? They like the idea? They’re opposed to the idea? What was their feedback? Pete O’Niell: They’re willing to talk Hatcher: You’re willing to – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 94 Pete O’Niell: We’re willing to talk Hatcher: -- take it to work with these two owners? Pete O’Niell: I can just tell you by experience. Every time we’re put in a position to say you have to require a certain right-of-way, that becomes very, very valuable ground. We’ve had some bad experiences, frankly, trying to do the right thing for all of the neighbors, for the City, for the Highway District, and we’ve ended up on the short end of the stick. We do have to protect our interests. We’re willing to work with anybody in good faith, and we think these people will work in good faith, and that’s our first choice. We’ll work hard at that. That is not our requirement, by the way. Our requirement is to provide a right-of-way heading that direction. We think – what I don’t want to have happen, in all honesty, is we don’t want to come up to the second phase of this project and have the ultimate second access point a negotiable issue. Then we really get hammered. We’d like to get that resolved sooner than later. Hatcher: As being the advocate for the City, you have to appreciate the fact, too, that we have to look at what’s for – what we hope is the best interest in the City. Not saying that you will – everything’s in good faith, you could get to house 249 and decide, “Well, I don’t want to have to put forth the extra effort or money to get that second access in, so I’ll just stop at 249 and that way I comply with the requirements.” Pete O’Niell: We’re getting into the issues of the development agreement. If it were – if I were the City and I were in your position, I would say condition approval of the second phase of the plat which really is 165th lot, is that there be clear route established for the easterly access point. That’s part of the development agreement – Hatcher: And you have no objection to that? Pete O’Niell: It’s reasonable. I mean, how do you object to – The irrigation issues, again, in most projects we’ve worked with over the years, there’s the irrigation issues. They all feel just as strongly as most of the individuals here feel. I mean, the west was settled over water, and people got shot over it. Understand that. We’ve – there’s two reasons why we haven’t given you a definitive answer of when and how you’re going to get your water. The most important one is we don’t know. I mean, in all honesty, because there’s two or three concept plans that can do that. We have found over the years as we start working with neighbors that sometimes a less than obvious solution works best for everybody. If we’re going to have a pressurized irrigation system and storage, maybe there’s other ways to supplying it other than the same route that you have. If worse comes to worse, we know we can supply it. We can supply it in two or three different ways, and as Mr. Borup said, a condition of approval of the whole project is that we have to deliver water to the current water users, and typically you wouldn’t have an engineered plan to do that at this stage of the process. So understand their concerns and we’ll deliver the water. We’ll see that the water’s deliverable. Fencing. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 95 Thank you. Good questions on the fencing. We, I think, there’s even some words in our proposal that when we talk about a permanent fence, we talk about a good- neighbor fence. In all our designs, there’s a lot of different kinds of fences. Most of the subdivisions you see have one good side, and that’s the guy who puts it up, and that’s to the neighbor. A good-neighbor fence looks the same on both sides. Looks good on both sides. So that’s what our proposal would be. It’s in our best interest and our buyers’ best interest to have a substantial-looking, solid, attractive fence or we’re going to have a hard time selling our property. Fencing will be good-neighbor, and it will be in appropriate places, and it will be a developer expense. Then – in terms of the zoning on the one-and-a-half acres on Locust Grove and what do we plan to do, I think the – collective wisdom of the staff here and our own judgment that that is an area in transition. The property, from what we understand, the owners that bought the substantial property across the street from us is not residential but some kind of industrial, light-office, and therefore, they’d be our neighbors, and that is a logical zoning to have on it. We don’t have a plan, we don’t have any plans, so I can’t tell you what specifically we would do with it. You cannot get annexed, you cannot annex a property without giving it a zone. So we’re suggesting and staff is suggesting that that is an appropriate zone for the annexation. Is there any others? Yeah. The whole notion of making a mess during construction, you know, we do the best we can, but I – you can’t control all your contractors and subcontractors and you can’t control the wind. We do pride ourselves in trying to be good neighbors at the front end and all the way through the back end, so we try to manage the construction process well, and it’s not only dust, it’s dogs and trash, and all of the rest of the things that happen (inaudible) in construction. So, if you’re part of our builder team, you’re signing onto a pretty (inaudible) appropriate. The City has some say on how that’s done as well. Any additional questions? Borup: Any questions for Mr. O’Niell? Commissioner Barbeiro. Barbeiro: Mr. Chairman, go up to the (inaudible). Borup: Here. Would this help? Barbeiro: Shari, could you show this picture on the board, please. Brown: We don’t have that one. That’s their slide. Stiles: It’s a transparency. Barbeiro: I’m trying to understand where, if you’re going to have a road coming out here, it would then come in and connect here to this road and then come back out to Eagle here? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 96 Pete O’Niell: That’s all in the process, I believe, you’re going in – it also doubles back the other direction, I believe. Barbeiro: Down in the future – Brown: It goes to the north to the stoplight. Barbeiro: This is the stoplight right here? Brown: No. (inaudible) Pete O’Niell: It’s going to come from here, around here behind what the development (inaudible) to the light at St. Luke’s right there (inaudible). Barbeiro: So your development would come here, loop around and connect to this road here; is that correct? That’s the intent for your backup? Pete O’Niell: Yeah. It comes straight – I’m not sure – it comes out of the corner. Barbeiro: It comes out here? Pete O’Niell: Yeah. Yes. Barbeiro: And then it would turn and connect into here? Pete O’Niell: Yes. Barbeiro: Okay. Borup: Do you have additional – Barbeiro: Also, how many phases are you planning on? Is it going to be three phases, four phases? Pete O'Niell: Well, at the moment, we’re thinking of it in two phases, that which is (inaudible) the creek is the logical divider, the first phase would be larger than we’d like to do, but we’ve really got to get it to the rec center, get it to the bridge, and so, consequently, we’re ready to make that – (inaudible) to do that whole west side as a single phase. Barbeiro: The road there on Locust Grove really is a rural country road. According to the traffic study that we received regarding Cobblestone, the road now has about 1,100 vehicle trips per day. 1,075 vehicles per day. With the addition of Cobblestone Village, that will add about 800 vehicle trips per day on Locust Grove. With the addition of Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 97 Jabill, that will add about 1,200 vehicle trips per day. With the addition of your project, it will add 2,871 vehicles per day. So we’ll be going from, essentially, 1,100 vehicles per day to close to 5,000 vehicles per day. I am a little confused of how can we go from 1,000 vehicles a day to 5,000 vehicles a day and not change the classification of the intersection? Pete O'Niell: It does change. It goes from a C to a D or something. But you’d have to talk to the traffic engineers. The statement from Franklin Road Locust Grove intersection operates at an acceptable level of service under existing conditions. A traffic signal is not warranted at this time. The Franklin Road Locust Grove intersection is expected to operate at an acceptable level of service under the existing plus – and that’s in quotes – existing plus project conditions. A traffic signal is not warranted under the existing plus traffic conditions, in the ACHD staff report. Hatcher: Well, Mr. Chairman. Borup: Mr. Hatcher. (inaudible). Pete O'Niell: (inaudible) make in terms of one of the other things we run into in the PUD process is it’s typically bigger projects, and 283, and Meridian isn’t all that big because you do a number of larger projects, but in a lot of locations, people – the agencies and the neighbors are used to working with 20-, 30-, 40-unit subdivisions, and, you know, the traffic impact is now. When you’re looking at something that may take three or four or five years to build out, the traffic impact isn’t now, and yet, everybody focuses on it as if it’s done. It takes a period of time to get there. Hatcher: Mr. Chairman, I wanted to add to the topic of the traffic, and it goes back to what Mr. Sale of ACHD had commented on when we were looking at and reviewing the Cobblestone project, and that was ACHD’s approach is to fix the problems after they occur, not before they occur and that I personally, hesitantly had approved the Cobblestone Village in anticipation that with Jabill and pretty much by Larry’s comments was that once Jabill was up and running that that would then push that intersection to an iffy situation, so to speak, and then with Cobblestone, he felt that most likely that would then make ACHD classify that intersection as an immediate, must-fix solution, and by putting in the signal and right-turn lanes and stuff like that, that was prior to even considering this project. Now, if we had this project, it’s going to make the conditions worse and put more fuel under the fire for ACHD to fix that intersection. Barbeiro: I’m a little confused because if, as Mr. Hatcher tells us, Larry Sale impressed upon us that a light would be in there based solely on Cobblestone and Jabill, and now with the addition of what would double the traffic there, their recommendation is that there would be no light. So we’ve gone, by my addition here, we’ve gone from 1100 to 6,000 cars and they still say there would be no light. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 98 Hatcher: I can’t speak for ACHD, but I think what they’re looking at is they’re looking at existing conditions plus the project in question, period, and that’s all their looking at. Pete O'Niell: No. The study includes all of the projects. Hatcher: Your study, but what about their report? Pete O'Niell: It is responding to our study. Hatcher: It is – Pete O'Niell: We’re required to do a study. It makes a bunch of assumptions on what happens everywhere. Borup: So the definition – what’s the definition of “existing plus project?” That’s in quote a couple times. Pete O'Niell: I – we got this this afternoon just like you did. It is our understanding that in terms of the traffic on Locust Grove Road, it assumes Jabill build out and employment, it assumes Cobblestone, it assumes this project and existing projects. It also – there is some level of traffic that would be going out the east and coming in from the east, but I think it’s insignificant in terms of the impact on Locust Grove Road. Borup: So your traffic study, by Centennial, you said, included all – Pete O'Niell: Yes. Borup: -- all the projects. Pete O'Niell: Yeah. As I understand it, and I think this is true for everybody, when ACHD requires – the traffic study’s required by ACHD, and they give the conditions upon which the traffic study should be made, we don’t decide how many trips a day are going to come in and out of Jabill or how many trips a day are going to come – ACHD has their standards, and the traffic engineers and study people do their work. Borup: Okay. I think the concern was, because it’s our understanding earlier, and correct me if I’m wrong, Commissioners, that ACHD stated they did not take into consideration all of the projects they were taking – looking at specific one time, and, hopefully, they’ve incorporated that in there now in their request because I don’t think they were looking at that earlier. Pete O'Niell: I suspect when they did Cobblestone, our project wasn’t submitted, so we weren’t (inaudible). Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 99 Borup: No. They didn’t do that, but I – they didn’t even have a traffic account of Jabill when they did Cobblestone. Hatcher: Mr. Chairman. Pete O'Niell: And I could stand to be corrected, but it’s my understanding it includes all of those. Hatcher: I would have to bring – this is the traffic impact study for Cobblestone Village, and I’m reading right here, this is existing conditions based upon late June of this year that the traffic count for South Locust Grove was 1,075 vehicles per day. That’s the existing condition, so I don’t see how we can get 1,000 vehicles with Jabill and this and Cobblestone. I mean – we’re reducing the traffic by 75. I just – I don’t see how, what ACHD’s stating here in this report includes all of the projects in question. Borup: This report doesn’t give any total count, does it? Hatcher: The draft states the traffic study determined fewer than 1,000 regional vehicle trips would utilize a through-roadway from Locust Grove. Borup: That’s from Locust Grove to Eagle. That’s the one through their project. Hatcher: Oh. Through your project. Okay. I stand corrected. Borup: I didn’t see where this study mentioned a traffic count on Locust Grove. Was there? Does anybody – anyone aware of where they even mentioned it? Hatcher: So the – Borup: I think what Commissioner Barbeiro was saying, the 1,075 plus Jabill plus Cobblestone plus this project is probably the count. Barbeiro: Yeah. If you put that together and add it up, just over 6,000 vehicles and that was assuming that all of the vehicles in this subdivision – Borup: Goes through Locust Grove rather than to the east. Barbeiro: -- and since – Borup: Which is not going to happen once that access is there. Brown: The District is saying they got 1,000 trip limit. Borup: That’s the road capacity. That’s the policy. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 100 Barbeiro: That’s the limit if you have a house on that road. Brown: And they’re saying they’re mandating. Borup: The second access. Yes. Brown: (inaudible). Borup: Okay. Did you finish where you were going to, Commissioner Hatcher, or were you sure where this was trying to go to? Hatcher: Well, no. What I was trying to address was – Borup: Locust Grove. Hatcher: -- the Locust Grove Franklin intersection which is the area of debate or discussion and was bringing up what Larry had mentioned was in the plans and the way they typically deal with problems and whatnot. Borup: I think he was talking about the first access and the turn lane and then a traffic signal. Hatcher: Correct. Because we were trying to implement those requirements onto the developer of Cobblestone, but it was not legally binding, so we backed off from that. Larry’s like, well, this is how it’s all going to be done. Borup: So are you leading to ask Mr. O’Niell if – Hatcher: No. No. Borup: Well, why not? Hatcher: I’m not asking him to do anything at this time. Borup: Again, you say (inaudible) legally binding, but how would you consider a contribution to a – of an intersection improvement? Pete O'Niell: Carefully. I think there’s a couple – first of all, again, I think most every project we’ve ever done, the traffic thing becomes a buggaboo, people can manipulate numbers and do all kinds of things, you know, we kind of all defer to ACHD and then question their judgment. We’re not exactly sure how to deal with that either, other than – unfortunately, I think because of the demands that are on the system and the budget they have, there is a large element of the squeaky wheel. I think I could get on the side Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 101 of, okay, let’s look down on the road and say, okay, these things are going to happen. We really don’t like that. Let’s all begin to work together with Jabill and Cobblestone and the neighbors to begin to have a plan now to address that intersection before it becomes – whether it’s Level D or C- or whatever and try to get ahead of the power curve. I think it’s a practical matter. There are a number of people who think the overpass is going to be built, you’re going to have five lanes on Locust Grove which will drive a master intersection at Franklin and the whole problem is resolved that way. Because as I understand, the push from the City of Meridian for that overpass and the approval of Locust Grove is independent of this project or any other project. It’s a question to take some traffic off of Eagle and off of Meridian and so on and so forth. You know, if I was a neighbor on Locust Grove, that would concern me. You know, we can’t solve all of those problems. All we can do is try to be a catalyst and help work with you and work with whoever to solve those problems because it’s not in our best interest to have a gridlock situation out there. We’d like, as an example, to build the finish section on our half of Locust Grove Road so that at least in the meantime there’s turn lanes, the bike path is in, the landscaping isn’t, the fencing Is in so we don’t have these things that we don’t have all over town. But if the road out here, 20 feet of no- man’s land, and a fence in a project behind. We’d like to mess it all up one time, fix it, and – Borup: Have you talked with ACHD on that? Pete O'Niell: Yes. Borup: And what’s their answer? Pete O'Niell: The road – Borup: They used to do that a number of years ago, and then they got away from that. I think I asked that question once, and they said they wanted engineered first. That’s, you know, too early to – was that their answer or did they have another answer? Unidentifiable: (inaudible) Pete O'Niell: They’re all hung up over the power easements because there’s a whole set of power lines going down there that have to be relocated at some point in time. You know, it gets to be a complicated issue, but our point is that we want to get them resolved. Borup: So you may be able to do this thing and let them do the improvements on that side, on your side, assuming that the grades and engineering can be worked out to what they would engineer it to. They’re saying that they think can do that? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 102 Pete O'Niell: We have to do that anyway or we can’t really get an access if we don’t match the grade. Borup: All right. But they’ve been having the setback enough that there is some flexibility in the grade changing. I think what this Commission is trying to get to is, you know, there is a problem on there. It will be solved when the overpass goes in, but we don’t feel you want to wait the five years on your project, so the solution is probably upgrading that intersection of Franklin. Pete O'Niell: Yeah. I think – Borup: Some way or another what – Pete O'Niell: -- there’s got to be a commitment to work in good faith to do that, because if in fact nothing happens for five years, and this isn’t meant as a threat or anything else, but we have the land under contract. If we don’t end up buying it – Borup: Goes back to – Pete O'Niell: -- goes back to – you know, there is a sense out there that this ground is more valuable than what we’re proposing to use it for because if you do apartments and industrial and more Jabill, it has a higher value. I’m not sure that’s what the neighbors want to see. I’m not sure that’s what Meridian wants to see. Borup: I’m not sure that fits in with our Comprehensive Plan at this point. Pete O'Niell: Except that it would be adjacent to – I’m not going to get in on – Borup: Right. Pete O'Niell: We think we have a good plan. We’d like to move forward with it, and we’d like to work with the City, with the neighbors, with all of the relevant agencies -- *** End of Tape 7 *** -- some of these issues. They don’t go away by ignoring them. That’s one thing we have learned. Hatcher: Mr. Chairman. We’re dealing tonight, maybe to refocus here a little bit, tonight we’re dealing with annexation and zoning, and we’re dealing with conditional use. Borup: Right. And not with the plat. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 103 Hatcher: We approve or disapprove – we act upon this tonight, this project would come back before us under a preliminary plat with Facts and Findings because we do a conditional use tonight, what does that impact, Shari, besides – just a preliminary plat and that’s it? Stiles: They’re just asking for approval of basic concept of what they’re proposing. They would have to come back with a preliminary plat showing all the dimensions where we’d get the final roadway configurations, you know, the streets, irrigation. They’d have to have preliminary plans for all, profiles for sewer and water, all of that as part of their plat. Borup: I think the question is what’s the significance of the conditional use? So they can know they can go ahead with their concept plan? Stiles: That you agree with the concept of what they’re proposing. Hatcher: Giving them the ability to continue on for – and get some detailed answers on these out-of-the-blue questions. Borup: Okay. Any other questions for Mr. O’Niell? Hatcher: I have no more. Brown: Mr. Chairman. Borup: Mr. Brown. Brown: Scott, could you put up your plat or your drawing, your concept? Turn it over. All right. It’s getting late. In your concept, you don’t – you only had one cul-de-sac, realistically. Have you looked at cul-de-sacking your east-west street that parallels Autumn Way? You would still provide the connection, but what you would end up doing is making it more difficult for traffic to let’s say drive through your project, let’s say, to Locust Grove. If you took and cut it off right there, made this a loop coming back this way. I know that you have problems, but you would be providing a connection this way. This becomes a cul-de-sac and this becomes a loop going this way. Similar to the connection that you have here. You didn’t run your street (inaudible). What this has a tendency to do, you know, for us is makes people slow down when they go through something like that, and you would have the same thing here is that you’re causing them to go a direction that they don’t really want to go. Borup: (inaudible) just as an alternative. Brown: I’m just asking the question because the connection to Green Hill becomes an issue when it’s an emergency access and you have to provide a secondary access Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 104 according to ACHD staff report at 250 blocks. That connection is going to be made here before it’s going to be made here or somewhere along this side, and wherever that connection is made, it’s going to be made sooner than we probably are excited about. But when you can make that traffic have to go a way that they wouldn’t want to go, and you know what I’m talking about. Pete O'Niell: We can put our plans – you don’t have enough wall – Brown: I understand. Pete O'Niell: --space to look at all of the alternatives we’ve looked at over time, and we’ve settled on this one as our first choice. But the assumption behind this one is that is not a full-time connection into Green Hill. That’s an emergency access and a pedestrian access only, and it is not full-time, so it is surcuitous (sic) to get through here and out to the east. To be fair, your staff does not support – your staff is looking for a straight-through road. We don’t think that’s in the best interest of anyone. There’s a bunch of straight-through roads around the county now, and we don’t need to add more of them. We’ve – if that was our preferred solution, making it surcuitous would – Brown: Well, and I understand the process that we’re going through. We have annexation, and we’re looking at a conditional use which has to do with this site plan and the different aspects of the site plan. I mean, another one that comes to mind for me is right here where you have, I would say, your upper-end lots and then you have your lower-end lots, and you have one abutting another, and, you know, I know that you have to make a cutting point someplace in your transition. I’m not saying I don’t like your plan. I mean, everybody else has said they like your plan, and I’m not – but – and I like the amount of open space that you’ve provided. As I scaled these off, and I can be corrected wrong, these lots are how wide? Fifty feet? Pete O'Niell: Nominal 50, 55. Brown: And they’re 110 deep? And you have -- in here you have 60s and 60-foot wide which would be a typical Boise City lot for the most part, 110 feet. You have 80s in here. Pete O'Niell: I agree with you. We’re not comfortable with the colors on the second phase because we really don’t know what the market acceptance is going to be in the first phase, and those colors could change -- Brown: Well, and I – Pete O'Niell: -- depending upon – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 105 Brown: -- realize that as this property over here changes and they come in for a Comprehensive Plan change and I continue to have more commercial neighbors than I do residential neighbors, that you’re going to want some kind of transition just like you transitioned out on Locust Grove. Pete O'Niell: That was the thought behind the red being there. If it stayed the way it is today, we’d probably carry the larger lots around because that’s an attractive neighbor to have the horse pasture and pig homes in your backyard. We’re led to believe it’s not going to stay that way. Brown: No. No, it’s not. Borup: Okay. Does that conclude that? Pete O'Niell: I just want to make a comment. I don’t want to drag this on any longer, but the CU process and PUD process, it would go from here to City Council and then we’d start the preliminary plat process. This is more than a concept plan. There are a number of specific things. We’ve outlined road sections, we’ve outlined road dimensions, we’ve outlined bike path designs, we’ve outlined the landscaping, the fencing. It’s all in the plan and presumably been recommended for approval by staff. Lot dimensions and setbacks and so on and so forth. It will not meet your standard subdivision ordinance. We’re using the PUD process to get the trade-off of more open space and less stringent (inaudible) lot design. So you need to understand that. Borup: I had a couple questions, Mr. O’Niell. You’d made reference to the grass pavers. You said ACHD has accepted that in your projects or other areas or – and those have been on public roads not private? Pete O'Niell: Yes. There’s a connection in the first phase of Surprise Valley that has a walking path and then grasscrete on both sides of it with break-away ballards. We did one years ago in Spring Meadow. Hatcher: It’s ACHD right-of-way? Pete O'Niell: I think some of them are easements. Hatcher: I thought some of them were emergency accesses but not ACHD right-of-way. Borup: That was what I was wondering if there was a difference. Hatcher: I thought that was – Pete O'Niell: Fact is, they could tear it up and pave it in the future. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 106 Borup: Well, if it’s right-of-way they could. If it’s an easement, then they could be – Pete O'Niell: Yeah. We’d love – Borup: Well, I was wondering if (inaudible) difference. Pete O'Niell: We’d love it to be an easement. Borup: You’re still able to construct those to the low-bearing specifications? Pete O'Niell: Yes. Borup: You can do that just with compaction or do you need to go in with – just gravel compaction will do it before the pavers go in? Pete O'Niell: As I understand it, you can kind of build the road base – Borup: Same base, you just top it off with the pavers? To me that would be a real attractive way to do that. It sounds like that would be the first choice. Question then on access. So if that was the way you say will proceed, sometime you are going to need that secondary access, then, assuming that this would not be the secondary access. So you’re saying that you’re committed that one way or the other you will have an access to the ease whether it goes down through the Locust View Heights or whether it goes into Magic View through some other location one way or the other? Pete O'Niell: Absolutely. That is – Borup: Is there some point that you’d feel comfortable having that as a requirement, some point in your development? Like, you know, Phase II? There’s – well. Pete O'Niell: I think the Highway District’s saying that by 2050, you need to have the secondary access in place. Borup: Right. And I think the City feels that number’s maybe a little high. Pete O'Niell: And – Borup: From a real – from what the City would prefer as far as fire accesses. Pete O'Niell: We’re suggesting that the middle ground by the time we cross the creek and get into the second phase – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 107 Borup: Okay. And that’s what I was asking. So you feel that by the time you started the second phase that you would have – and you’re saying an access to a public roadway in Magic View then? Hatcher: Just a stub. Pete O'Niell: And the only reason I’m hesitating a little bit is the Highway District is taking the position that if we provide the right-of-way to the property line, it is their responsibility to get the right-of-way from that point. Borup: Okay. That’s what I was looking for clarification on. Pete O'Niell: I don’t want to go on record as saying we will buy that right-of-way from whoever it is at whatever price they’re asking for. Borup: And I guess the way we have any way of control of that is when and if that property comes before us for development. Pete O'Niell: That’s why we’re trying to talk with the neighbors at your suggestion. We talk to – we’d like to have that pinned down; on the other hand, if someone buys all of that other property, and it is rumored to be in the mill, and they have a project and they say we want to connect here, you know, maybe that’s – Borup: Then you could re-do your design to connect where they’re talking. Okay. And then I want to ask another question one more time. I know you’re not going to want to answer that, but any – and that was on contribution to an intersection upgrade. Pete O'Niell: Yeah. Excuse me. I didn’t answer that. I gave you – Borup: Well, and I understand why. Pete O'Niell: The background (inaudible). Our position on that is really very straightforward. We’d be happy to pay our proportionate share of any improvements to that intersection prior to one ACHD would normally do them. And proportionate share means that the traffic demand and whatever is created by Jabill, whatever’s created by Cobblestone, whatever’s already existing on the road. Somebody else going to pay that? Borup: And again, I don’t think we can make that requirement, but it’d be a real good faith. Pete O'Niell: Our suggestion is we try to lead that effort to cause that to happen. Brown: Inactive catalyst to help facilitate that – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 108 Pete O'Niell: I think everybody’s going to sleep better at night, including ourselves, if we’ve got – Borup: Okay. That’s all I had. Anyone else? Barbeiro: What road improvements on Locust Grove will you do along your frontage? I don’t know if (inaudible) or widen it there, and if that becomes an ACHD issue or something that you would perform, I’m thinking of the number of shopping centers in the area. The shopping centers have paid for the road improvements adjacent to the shopping centers. Pete O'Niell: Yeah. As I mentioned earlier, our preference would be to build a full build- out section that would happen when the overpass comes across. Short of that, I think there’s a turn lane or an acceleration lane to get in and out. Borup: They’re talking 96-foot – so your proposal is your preference would be to develop half of that 96 – Pete O'Niell: Yeah. We’d do the 40 – whatever, 48 feet. Borup: Yeah. Pete O'Niell: Plus the section, landscape section we’re talking about plus the fencing so you’d have (inaudible) intersection. Borup: Okay. Thank you. Anyone else? Okay. Commissioners. Thank you, Mr. O’Niell. Pete O'Niell: Thank you very much. Hatcher: One last time for final comment. Borup: From you? Hatcher: Close it – Barbeiro: I would like to keep the hearing open. Borup: Well, that’s – do you want to do a little discussion first? Barbeiro: Yeah. Borup: Okay. Would you like to lead off? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 109 Barbeiro: Well – Borup: Maybe we still have two more. We still have two more items. Barbeiro: What’s surprising me is that I’ve not heard an adamant dislike for this project like we did for Cobblestone, but I also understand that the – I’m really frustrated with the whole concept of the traffic here. This project alone – when you include Cobblestone and Jabill, this project will double the traffic on Locust Grove, and yes, it is a constant issue in any place you go in Ada County. Ideally, I would like to see the road improvements done prior to the placement of the project, but that’s not going to happen. I’m not satisfied that this road is going to be improved in the next five years and that there’s going to be an overpass in the next five years. I’m just perplexed that the neighborhood association as strong as they have been in the past, you weren’t as (inaudible) as you were – : (inaudible) Barbeiro: Yeah. Understood. Borup: I think what we’re – I mean, the only thing that can be done in the near future is the intersection. Hatcher: ACHD will probably hold off on trying to do any improvements on South Locust Grove until that overpass goes in. Borup: That wasn’t the impression I had last time from Larry. Hatcher: No. I’m not talking about the intersection, I’m talking about the road itself. Borup: Oh. Of course. Hatcher: So the best we could hope for within the next five years is to get that intersection to some sort of acceptable standard with the existing conditions. Brown: The road section is not the problem. It’s the intersection. Hatcher: That’s one of the – yes. That’s what I’m saying. Brown: I mean, driving down the road – Hatcher: Yeah. That half mile of road is not the issue. It’s the intersection. That’s the only thing that we could really fix right now. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 110 Borup: And I think he was saying the first – what they’re talking about doing is steps, if I’m remembering right, that they do a turn and do another turn lane would be the first step, and then the second step would be the signal. Hatcher: Based upon the load at that intersection. As Cobblestone came on board, as Jabill came on board, as Phase I and Phase II of this project came on board, it would increase the demand of that intersection and then, you know, by that demand, they would do the right-lane – right-turn lanes, he said almost immediately, and it wouldn’t be far down the line -- the intersection would probably go in particularly just by Jabill firing up. : They made the comment on the Cobblestone that ACHD (inaudible) that the turning lanes would not work because there’s still no light there, but he made the comment that the turning lanes will not work unless there’s a light there. Hatcher: For left-turn lanes. : He said turning lanes will not work. Hatcher: For left-turn lanes. Right turn-lanes aren’t going to stop – marking the stop. : Yeah. For – Hatcher: Well, he’s talking about left-turn lanes aren’t going to help without a light. Borup: We’re not getting all that on the tape. Hatcher: Sorry. Borup: Who – continue. Brown: Locust Grove is not lines still, right? There’s no – Borup: Striping. Brown: -- striping or anything else. Fox: Can I say something else? Hatcher: Sure. Go ahead. It’s still a public hearing. Fox: Alan Fox, 1840 Cadillac Drive. If you’re -- Chairman and Commissioners. Keith, you were on and so was Tom, the other two are new, when we started with Cobblestone. Larry’s statement at that time was that section of Locust Grove and the Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 111 section of Locust Grove over by Ustick were going to be the last two sections of Locust Grove that would be widened depending on which way the traffic went. At that time, the overpass was 2023 when it would be put over. Solely, that has worked its way down. Borup: That has changed. Fox: Slowly it’s worked its way down. Until things, you know, like you said, until you come up and get the money and you get the property, it could be more than five years. It could be ten years still before anything’s done with that. Borup: I think it’s been swiftly working its way down. Meridian’s made some – Fox: Well, they’ve pushed on it, but so – Borup: -- has achieved some commitments, and some resolution from APA. Fox: Yeah. He said also there wouldn’t be light until they widened the road and ran it straight through on both of them, Eagle and – Franklin and Locust Grove. They wouldn’t put a light until they widened the roads. He made that statement up here; Larry did. Borup: Until they widen it (inaudible) – Fox: Until Locust Grove was widened and Franklin was widened, they would not spend the money to put a light in at the intersection. Borup: I didn’t here it that way. I heard that when they put the light in they would do the whole intersection improvement at the same time that widening and then it would narrow down. Hatcher: They weren’t going to put – I don’t recall it being the widening of the road. What I recall was they would not put the light at the intersection in until Locust Grove was realigned, and they were in the process of acquiring the last parcel that was required to do that. I think since that last meeting, I don’t know this for sure, but I think since that last meeting, I heard that they acquired that last parcel. Borup: (inaudible). I think they were talking about when they do put that light in, the intersection would – the light would be put in to accommodate the full size of the intersection. Hatcher: Yeah. When it went in. They would improve it as required for the overpass. Borup: They’re not going to want to put a light in and then move it again. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 112 Hatcher: Correct. Fox: But whether if subdivision goes in, he’s going to be land-locked, so will we on traffic going out unless they do widen, put a light and stuff in. You’re going to have a land-locked intersection down there. Borup: Okay. Commissioners, how would you like to proceed? Barbeiro: Mr. Chairman, I move that we close the public hearing. Brown: I second. Rutherford: Commissioners, before there’s a vote on that, I’ve had a request from one of the team members from the Woodbridge people that they have a last word. Pete O'Niell: We don’t have any further comments. I was just wondering if you closed the hearing or not. Borup: No. We had not closed the hearing. Did you have any final comments? Okay. Brown: I second. Borup: Okay. We have a motion and second. All in favor? MOTION CARRIED: ALL AYES Barbeiro: Mr. Chairman. Borup: Mr. Barbeiro. Barbeiro: Barring any additional discussion amongst the Commissioners, I move that we recommend to City Council annexation and zoning of Parcel A from R-T to single- family residential and Parcel B from single-family residential to a limited office by Woodbridge Community, LLC south of East Franklin Road and east of Locust Grove Road with staff comments, and I would like to add that if the developer intends Phase I to be the area west of is it Five Mile Creek? That Phase II not begin until the secondary access is complete through to another roadway. Borup: So you’re saying ACHD would have to complete that access? Barbeiro: Yes. Borup: Outside this project? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 113 Rutherford: I’m not sure how you handle that as part of the annexation. Barbeiro: I’m not certain either. Direct me on this if I’m using this out of place. Borup: I think maybe that can be a requirement of the plat. Barbeiro: Okay. If that’s the case, then it is not a part of the annexation, then you’re correct. I would withdraw that one item and, again, include all staff comments (inaudible). Borup: I do have one – that’s your motion. Do we have a second? Brown: I’ll second for discussion. Borup: Okay. I didn’t see where staff made any recommendation on the L-O property other than just annexation. Normally you like to add in there conditional use – is this conditional use applied to both parcels A and B? Just parcel A. Stiles: The conditional use there, we’re having to go through that as part of their proposal. Borup: See, we’re not proposing any conditional use on Parcel B, then? Stiles: No, but a development agreement. Borup: Okay. Stiles: I just wanted to clear up, there’s some problems with the agenda as far as how these things are worded. As for annexation and zoning of Parcel A from R-T to single- family residential, that should be annexation and zoning of Parcel A from R-T to R-4, and Parcel B from, I believe it’s R-T to L-O. I don’t know where all these single-family residentials popped up in this agenda, but that’s – you might want to re-word your – Borup: And do we need – Stiles: -- motion. Borup: -- to act on Parcel B as a separate motion first? Well, they can be one annexation. Okay. Any other discussion? Hatcher: No. Borup: Don’t have any other addition to the motion? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 114 Barbeiro: I wish to amend the motion as described by staff, the annexation and zoning of Parcel A from R-T to R-4 and Parcel B, R-T to L-O. Stiles: Is it R-1? Barbeiro: Is it R-1? Excuse me. From an R-1 to an L-O. Brown: I’ll second that. Borup: Okay. Any other discussion? Brown: I shouldn’t have seconded. No discussion. Borup: No discussion. Any question on – okay. Call for a vote. All in favor? MOTION CARRIED: ALL AYES Borup: It passes. Go on to recommend City Council. ITEM 14. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 283 LOT PLANNED DEVELOPMENT ON 80.83 ACRES FROM R-T TO R-4 BY WOODBRIDGE COMMUNITY, LLC—SOUTH OF E. FRANKLIN ROAD AND EAST OF S. LOCUST GROVE ROAD: Borup: Okay. Item No. 14. Public hearing for conditional use permit for 283-lot planned development on 80.3 acres from R-T to R-4 for Woodbridge Community, LLC. Staff, anything additional? Stiles: It’s, again, this is a strange wording of the Item. They’re not asking for a conditional use permit from R-T to R-4. They’re asking you to approve a planned-unit development that you basically buy off on their concept. It doesn’t include the configuration of the streets as they are particularly now. That’ll have to go through the platting process. I believe they’re proposing that narrower roads. They’re proposing sidewalk on one side only. They’re proposing varying lot sizes that are below the R-4 standard, and, of course, their block lengths would exceed what our block lengths are, cul-de-sac, would exceed cul-de-sac lengths. But they are providing the minimum 10 percent – Borup: Is that it? Hatcher: The 10 percent what? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 115 Borup: Open space. Stiles: Yeah. They have the – what is the percentage? (inaudible) percentage they had proposed. I guess I need a little input from legal counsel how bound we are to this – I mean, are we saying if you’re recommending this, are you saying what you see is what you get? That’s what you’re approving, or can that be – that recommendation be worded that the basic concept is approved? Staff would recommend the narrower streets be approved provided the ACHD will accept them as public streets. We would not recommend private streets. Rutherford: My inclination at this point would be that you’re buying off on the concept and specifics of the concept as discussed tonight in this hearing, I think, would be included. Pete O'Niell: That’s not what we submitted. Borup: Well, we’ll have you – the opportunity to (inaudible). Rutherford: Shari, you’d be better versed on conditional use permit versus planned-unit development. I’d have to look into that. My inclination is, at this point, on conditional use permit it would be the concept not specifics. Stiles: As far as a conditional use permit, normally we would have every tree accounted for as part of a conditional use permit. The site plan would be exact. You would not be moving streets, you would not be changing any of those details. Borup: That’s the way it’s been. Stiles: Maybe Kent has some – Brown: No. That’s right. Stiles: So, basically, what they’re asking for is that you take this exactly as you see it and that’s it. Borup: You’re saying the conditional use process is that, but that’s not what you said the applicant’s initial intention was. Stiles: I believe their intention was just to get the concept approved so that they could work out the details later. That’s what I was told. Borup: Yes. And you’re saying that does not fit in with our normal conditional use process. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 116 Stiles: I guess I’d like an explanation from Mr. O’Niell. I know the public hearing is closed, but – Borup: No. Stiles: Oh. It’s still open? Borup: No. We’re open – we’re on a new Item. Stiles: Oh. You just open it again? Borup: No. Open for the first time. Stiles: Oh. For the first time. Borup: We’re on Item No. 14 – 13. Whatever we’re on here. Stiles: Okay. Borup: We’re on Item No. – 13 is closed. 14 has just been opened. Stiles: I guess before I comment, then, I would like to hear what they expect this to get them. Borup: Okay. Mr. O’Niell. Rutherford: And where the preliminary plat fits into the whole scheme. Pete O'Niell: Yeah. I must say I’m confused at this point in time. Borup: Okay. This is a new public hearing. Pete O'Niell: I thought the testimony was on both issues. Borup: It can – one – Hatcher: We’ll carry it over – Borup: Will be incorporated. Hatcher: -- to this so you don’t have to go through all that again. Borup: No. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 117 Pete O'Niell: Is that okay, counselor? Rutherford: Please don’t. Pete O'Niell: We don’t like to give you reasons for somebody (inaudible). Scott, you’re going to have to help me with the technicalities on this. We like the PUD concept. There’s no such thing as a PUD application. You have to go through a CU process in order to get a PUD, so the comments in the staff report, and I think the general mentality, if you will, of a PUD in Meridian is a CU which typically has to do with a shopping center or an apartment, and you look at all of the details. So this is a strange beast when you look at a all single-family residential PUD. Borup: We had – and we do have a few. Pete O'Niell: Yeah. And what are we expecting out of it? We’re saying this is a general land use plan that we like. It’s a circulation plan that we like. We’ve presented very specifically road dimensions. They’ve been approved by ACHD, by the way. They’ve been built by us, by the way, and they’ve been accepted as public roads by ACHD. So that shouldn’t be an issue. There is no question that the lot standards when we come in with the plat, if the Public Works Department says, “Wait a minute. This is a subdivision, and it doesn’t meet the R-4 subdivision requirements. You can’t do this,” – Borup: I think we’re clear on all of that. Pete O'Niell: Okay. Borup: I think staff’s only comment – I think Shari’s only concern was on ACHD maintaining the roads, and you say you (inaudible) on that and they will do that. Pete O'Niell: Yeah. Borup: I think that answers that. Pete O'Niell: But as far as the other things that we’re expecting to get out of this, we don’t have to want to go through the debate at a preliminary plat stage of whether or not 50-foot lots are acceptable, whether or not five-foot side-yards are acceptable, whether 15, 10- or 15-foot front yard setbacks on the side-entry garage are acceptable, all of which were very specifically requested. Borup: You’re saying you’re expected approval would include all the items on your matrix? Pete O'Niell: That – and our view, the only way to work that out is through the development agreement. To get very, very specific, and that would be a condition of Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 118 final approval by City Council, I think. That protects everybody. We know that you’ve approved what we’ve asked for, you know that we’re going to commit to do certain things that we’ve represented, and that’s what the development agreement is. Hatcher: Mr. Chairman. Borup: Commissioner Hatcher. Hatcher: Mr. O’Niell, on the flip-side of that as well, I completely understand where you’re coming from and what you’re asking. But on the other aspect, we’ve got to make sure that what you’re proposing is a general acceptance of the concept and that if the secondary access to the eastern – your east goes from that bottom corner up to the top, you know, I don’t want it in any way to be construed that what you see is what you get. You approved it last month. We’re not changing it. I mean, when it comes back for preliminary plat, I want to be able to make sure that we have a mutual agreement here that over the course of design, because design evolves, that you will be open to modifications as necessary as things develop. Pete O'Niell: Absolutely. Our Point No. 4 in our letter today in terms of the location and secondary access point makes that very clear. We’ve made a proposal, you’ve made some other suggestions, we’re perfectly willing to work with the appropriate folks on a mutually acceptable location. We’re sticking by our guns until everything closes. There’s something – Borup: I think what you’re saying, you’re saying you’ve got a Type A, B, C – Pete O'Niell: These ought to be made a part of the record that’s part of what it is you’re approving. Borup: Today’s letter. Pete O'Niell: Yeah. Borup: Well, essentially, you’re saying you’ve got Type A, B, C and D lots with the minimum footages, the setbacks as outlined in here, and that’s what you’re asking for approval of. So even though the plat design may change, you’re still looking at 283 home sites – Pete O'Niell: And we’d be willing – Borup: -- you’re looking at seven, how many acres of open did you say you had? Seven – Pete O'Niell: I think there’s 16. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 119 Borup: Sixteen-some acres. That’s going to stay the same. The configuration could change a little bit, but I think that’s all we’re saying too. I think we’re on the same. Pete O'Niell: We agreed to stick to not exceeding the 283 even though the R-4 would allow for 320 and with the density bonus you could get up to 370. We’re not asking for that. We’re saying 283 is as much as we need. Borup: That gives as much – yeah. That gives as much insurance as can be and as needed. And that still gives them flexibility on specific street layouts and whatever you run into as you get further into the design. Okay. Any other questions for Mr. – Brown: Yes. Your minimum lot frontage, then, you have a few flag – looks like flag lots. Either flag lots or common drives or private streets or – Pete O'Niell: We’re promoting some common drives. Brown: Okay. Pete O'Niell: We’re saying the frontage of the common drive needs to be 20 feet on a public access, but we could go into a long discussion why we like those little common drives, and we’ve done some recently as opposed to what you get at typically is those big fan lots as you go around the corner, and you get all front and no back. Borup: So your questions was just for clarification and what those were? Brown: What the minimum frontage was and what that would be. Pete O'Niell: I think that’s laid out. Where is that, Scott? Was that in the original application or in the – Rutherford: Footnote No. 5 gives the specifics on where the – where and what the frontage is to be. That matrix generally identifies frontages for each lot type; however, it excludes certain situations including the exterior corner lots, lots on – flag lots, lots on common driveway lots which would be separate lots altogether; therefore, I think in answer to your question, Kent, there are some lots that wouldn’t have necessarily frontage on the public street, but frontage on the common driveway lot such as was approved at James Place in Ashford Greens. Borup: Thank you. Does that answer that question? Okay. Do we have anyone from the audience that – well, Mr. O’Niell, did you – were you complete? Were you finished? Pete O'Niell: Yeah. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 120 Borup: Okay. Yes. Come on up, Mrs. Smith. Smith: Yes. I’m Jere Smith. I’m concerned that you’ve lumped this together, and I understand that one development is much larger than the other, but I’m very interested in what’s going on next door because, just like Mr. O’Niell said, they don’t really know what’s going to go on next door, and they don’t have any drawing, they have nothing concerning that plot, and I’m very interested in that. You’ve grouped it together and went ahead and sent it, but – Borup: You’re concern is the style of the building? Smith: I’m concerned with all parts of it. Borup: Okay. At this point, I mean, the application was for limited office. Smith: Right. And I – and there’s no drawing, there’s nothing. Borup: Right. That’s why I say your concern is – Smith: Yeah. I’m very concerned. Borup: -- the exterior style of the building. Smith: Yes. If you live next door to it, and I’d like to know how it’s going to be developed and the whole bit, and you’ve lumped it in with this other – Brown: Mr. Chairman, it’s – Hatcher: The first one was annexation and zoning of that lot. This conditional use PUD is only for the large parcel. If any development on the small parcel that you’re concerned about occurs, then that will have to be resubmitted – not even – it’ll have to be submitted to the Planning Department and go through this entire process for whatever it is they decide to do with that property. As of right now, they can’t do anything to that property until it comes back through public hearing and the CU. Smith: So it has to come back to Planning and Zoning before anything can be done there? Hatcher: That’s correct. Smith: With nothing. Hatcher: Yes, because what we’re talking about right now is for the big lot, not – and it has nothing to do with the little one. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 121 Smith: Well, I thought when Tom – or Mr. Barbeiro presented that, I thought he said for annexation – Borup: Yes. Hatcher: Yes. For the annexation and zoning. Smith: -- this – that’s just for annexation and nothing more. Hatcher: That was it. Smith: Okay. Thank you very much. Borup: And that little section was – Smith: I stand to be corrected. Borup: -- that little section was annexed so this one could be too. Have contiguous piece. Smith: Okay. Thank you. Borup: They bought that just to get contiguous to the city here. Smith: Is it – Borup: Probably didn’t even want that property. Smith: -- for access to the power and – Borup: No. Just – Smith: -- sewer or anything? Borup: -- just land itself to be contiguous. Smith: Thank you. Borup: I think they probably didn’t even want that. Anyone else? This – Pete O'Niell: What we’ve got is the annexation, the zone and you (inaudible), and you get to look at it again. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 122 Rockrohr: Dick Rockrohr, 2715 Autumn Way. Just a quick question, now. If we’re buying in on the concept, are you going to come back and have a plat meeting where we have to sit through this or are we going to – now the roads, which is, of course, my major concern, you’re buying in the concept that we’re exiting to the east onto Magic View and then to Eagle Road, eventually, that way, and the concept was that it would be an emergency access into Green Hill Estates, or do we come back and do another six hours? Borup: Well – Rockrohr: Some of the – Borup: -- we’ll be here whether you come. It’s up to you. Rockrohr: But we’ll be re-addressed again, and we’ll need to be here for that one, or is this going – if you approve it like they’ve proposed it now and it’s put up there on the wall now is concept that way and we don’t have to address it again. Borup: Well, the understanding is a concept will be substantially the same as what we’ve seen. Rockrohr: So we should be – Borup: But they’ll come in with specific plans showing all dimensions of the lot lines, you know, the size and dimensions and engineering of the street, sewer lines, et cetera. Rockrohr: But that secondary access and when it gets to Phase II won’t just go, well, it’s a lot easier to punch right through here so we’re just going to do that. We’ve got a commitment – Borup: That’s got to be all approved, and I think we’ve come to a conclusion, at least in my mind that these access to the north would be emergency access only. The secondary access would be to the east in the Magic View. One – you know, we’re at the location may change, but that’s where it would be. Rockrohr: Yeah. And so when you all vote on that, that’s pretty much going to lock it in as your recommendation to the City Council, right? Borup: Yes. Rockrohr: Thank you. Borup: Mr. O’Niell. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 123 Pete O'Niell: At all, at least our experience is the next big bite of the apple is this same process over again with City Council, and then you – that might include at the separate hearing the conditions attached in the development agreement. So all of that happens before you get into the platting process. You get a whole other chance to go through the public hearing process again. At least, it’s been our experience that if we do a good job and the City does a good job in this process, then the development agreement – the plats come pretty straight forward. Because you’re either consistent with what’s been approved or not, so that typically isn’t time you have a great big debate. Borup: The only time we’ve had problems is when a developer is – Pete O'Niell: Changes his mind. Borup: -- yeah. Tells us one thing and draws another. Designs another – Pete O'Niell: Well, one of the reasons I – Keith, you’re old enough, you and I are probably the only guys here that remember Al Marston and a lot of those early plans in town, and I’m very sensitive to what I call the wick-pen concept drawings, and that’s why we’ve submitted as much backup information that we have. This is not a wick-pen concept. This is substantive concept. Borup: (inaudible) thank you. Anyone else? Come on up and get on record if you want to speak. Mecham: I’m Bryan Mecham, again, from 2159 Autumn Way. I just want my previous comments to be part of this also. Borup: Okay. Thank you. we took – I just make a blanket statement that we would consider all the comments made earlier as also part of this application so that they go on the record as such. Anyone else? Rutherford: Commissioner, if I might follow-up the question that Shari asked me just a few minutes ago. In light of what Mr. O’Niell is requesting tonight, do you have the appropriate information to have the Commission act on your comments in light of that? Stiles: I guess that’s why I was asking you the question. I mean, obviously, the O’Niells are much more sophisticated at this process and have been through many other jurisdictions, and anytime somebody brings an attorney with them, it makes me nervous. So I’m just wanting to make sure that we’re not – that what we see is not exactly what we’re going to get; that we’re going to get the buffer on Locust Grove; that we’re going to nail down those details as part of the plat and nail down the accesses and those kinds of things; and that simply because we approved a Type-A that allows down to 4800 is that going to be interpreted later as, well, we can make them all 4800 because they basically approved that? But, that’s why I was – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 124 *** End of Tape 8 *** Borup: -- and just by stating that, that would make part of our recommendation. The letter from OEI with their development matrix. Stiles: And what about our comments as far as additional right-of-way on Locust Grove, additional buffering on Locust Grove which is going to slightly alter their plan. It’s not going to make a major difference, but I was – since no – we’ve never done a PUD that had the concept first. Rutherford: Understand. My inclination would be that’s subject to the development agreement, and that’s what that’s for. Stiles: That we could nail down all those details with the development agreement? Rutherford: That’s correct. Stiles: Okay. Borup: So – ask Mr. O’Niell. Did – was there anything in the staff comments that you felt would be a concern? Pete O'Niell: Yes. Borup: Okay. Pete O'Niell: There’s a letter dated October 11 to the Commissioners, a copy of which is in – has been officially submitted. We took exception to several things very specifically and laid them out and then had a general category that there’s a number of them that depending on how you interpret them could change the plan or the what the City thought they were getting so that those should be subject to a development agreement and worked out very carefully between now and City Council. But to be specific, we do not agree with staff’s comment that we think a 22 and-a-half landscape buffer and sound wall as we’ve proposed along Locust Grove Road is appropriate, and we don’t need an additional 10 feet which staff is suggesting which is our answer on second page to the proper requirement under No. 6 here. What I’m concerned about now, and the reason we do bring a lawyer along is if things aren’t handled properly, the City opens themselves up to lawsuits, and it – I’m concerned that this is piecemeal and certain staff comments are taken as a condition and others aren’t. I mean, at some point in time, we’ve got to go through all of those conditions that would be attached to a final PUD approval which is related to a development agreement and as a City Council function. If you want to discuss the areas, I mean, the emergency access recommendation by staff, I don’t think we agree with. We don’t agree with the Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 125 permanent secondary access has to be in at 100 lots, we don’t agree with that. It’s almost physically impossible, and the whole circulation system where they want the full- time access to Green Hill Estates as well as to the east, we don’t agree with that as well as the – we’ve addressed the buffer issues on Woodbridge Drive that they did not comment on, but they did comment on the Locust Grove buffer. We would suggest this clearly as part of the record is – well – Borup: I think we’ve covered at least what – I do have a question on your comment on the buffer. I thought I understood and now I’m confused. You’re proposing a 22-foot buffer? 22 and-a-half foot landscape strip outside of their right-of-way? Pete O'Niell: No. There’s detailed plans that have been submitted that if you’re looking at a – Borup: I’m looking at Comment No. – on – Pete O'Niell: The issue, I think, is how much is enough, and I believe it’s a City policy and staff’s recommendation that whatever you have, we want an additional 20 feet of project property as a buffer regardless of how much buffer there is in the right-of-way. Borup: So where does this 22 and-a-half feet – Pete O'Niell: Twenty-two and-a-half feet is 12 and-a-half feet of the right-of-way and 10 additional feet. Within that, we’re suggesting rather than a 5-foot sidewalk right behind the curb, we’re suggesting a 22 and-a-half foot landscape section with an 8-foot meandering bicycle and pedestrian path as well as full landscaping and a fence and berming. Borup: Then you’d be proposing to have an agreement with ACHD on that, then? Pete O'Niell: Most likely we’d end up with a maintenance agreement with – a license agreement which we’ve done in virtually every project. Borup: Is there still a concern on that, Shari? Didn’t the family center do that partially? Stiles: It appears from the roadway sections they provided that 10 feet of their planning area would be, well, let’s see. There’s more than that. Twelve and-a-half feet would be in the right-of-way. Borup: Yes. That’s what he stated, and 10 feet would be on their property. Stiles: So with the full construction of that roadway, it seems like the planning strip, 6- foot planning strip would be eliminated if they’re going to have a 48-foot right-of-way. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 126 Pete O'Niell: The 48-foot fence – Stiles: Forty-eight from center line. Pete O'Niell: -- half right-of-way includes a 12-foot turning lane, 12-foot turning – no. It’s half of a turning lane of – how much, Scott? Beacham: It’s a 12 foot total, six foot is half from the center line and six feet – 12-foot drive lane and bike lane, curb and 12 and-a-half feet of the remaining (inaudible) Pete O'Niell: It’s a five-lane section that is allowed for there which is the same as the fully developed Eagle Road section is today. The traffic capacity of that is enormous coupled with the fact that Eagle Road and Meridian Road are going to be expanded to seven-lane before Locust Grove would be expanded to seven-lane, and the likelihood of this ever needing the full 98 feet for pavement is diminimous, and I think the data can be developed to support that. Borup: So is that what your concern is, Shari, if this ever went to seven lanes? Stiles: Their right-of-way they’re going to need, what they require on all these section line roads is 96 feet. Pete O'Niell: Okay. They’ve got it. Stiles: Our only comment was based on looking at scaling this map that we have. That’s where the comment came from. Borup: Okay. So that’s where the problem from; maybe the map wasn’t – Stiles: Well, still – Borup: Did you – you’re analyzing their cross-section here now, though? Does that clarify that? Stiles: So they would basically have 22 and-a-half feet of landscaping that includes 8 feet of a sidewalk. Pete O'Niell: Detached meandering sidewalk. Very similar except it’s eight feet rather than ten feet to the Surprise Valley sidewalk. Borup: So they’re talking landscaping between the sidewalk and the street? It still looks like it provides for five lanes and a bike lane. Stiles: But you’re really getting 12 feet of buffering. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 127 Pete O'Niell: You’re getting 22 and-a-half feet of buffering, and I don’t want to debate at this – I don’t think this is the correct hearing to debate 20-foot buffer, and our analysis of that, I think, there’s some real loose wording in the City’s policy on that because they’re talking – you know, we’re going by the intent because if you read visual – it is for visual separation, and I’m not sure what 20 feet versus 10 feet of private property does in terms of visual separation. I think the visual separation, the sound separation, has to do with walls and landscaping, not how many feet of unlandscaped no-man’s land you’ve created all over your community. I don’t think that’s solves the intent of the problem which is to create a separation of the uses. I think a more intense use of 22 and-a-half feet would be better than a less intense landscaping of 32 and-a-half feet. Borup: And we’ve discussed that before. That – we’ve done some reduced buffering because of more intensive landscaping. Hatcher: Mr. Chairman. Borup: Mr. Hatcher. Hatcher: I think this is an issue that could be finalized within the development agreement between staff and the developer. Borup: I would like that. Hatcher: And we could – we’ve got an opportunity to review it one last time during the preliminary plat, but I would like to just bring up my concern. Our ordinances for landscape buffering and everything is a certain amount of feet from the right-of-way. I think in this case we have to have 20 feet from the right-of-way, and Mr. O’Niell’s interpretation of our code and of whether it’s five lanes or seven lanes or – I don’t think that that’s an issue. I think that we need to provide X-amount of feet from the right-of- way. But I would defer that to staff and Mr. O’Niell to finalize the development agreement, and if the lots have to move, the lots have to move. What I see that – Borup: But we have done reduced setbacks when the landscaping intensity increased appropriately. Hatcher: Yeah. I understand that, and I completely agree with what Mr. O’Niell’s proposing if it were to stay five lanes because then you have compact landscaping which meet and exceed the requirements. But once again, we cannot foresee the future, and if you’d – we’d only have 10 feet of landscaping from the way it’s shown right now, from the right-of-way. Borup: I don’t think we’re going to see seven lanes – anybody in this room – nobody in this room’s going to see seven lanes. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 128 Hatcher: Not on that road. So – Borup: Okay. Are we ready to proceed? We still have a public hearing open. Do you have anyone else that you would like to – Barbeiro: Mr. Chairman, I move that we close the public hearing. Hatcher: I second it. Borup: Motion is seconded to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Okay. Do we need some discussion how to draft this motion? I think we’ve talked about is staff comments. There may be some clarification needed there. We also have the letter dated September 9th from OEI which goes into the development standard matrix on home site types, yard setbacks, minimum heights, et cetera. I think that was the intent of the applicant is that we would be approving what they have submitted, the understanding that the design may change slightly, but that this would be the number of lots with this number of breakdown. Anything else that needed to be in there? Maybe how do we handle the staff question on the setback buffer. Shari, is that specifically how that ordinance says? It says 20 feet from right-of-way, period. Stiles: It’s a 20-foot separation next to incompatible uses. Borup: So not necessarily on the road right-of-way. Stiles: Well, we have been consistent in requiring the 20-foot beyond right-of-way. Borup: Well, for subdivisions or for everything? Stiles: It’s hard to tell from what’s been submitted if, you know, what that landscaping is. Borup: Well – Stiles: It’s not scaled. Borup: We don’t have – there isn’t any landscaping plan submitted, is there? This shows greenscape there and that’s it and a pathway. Stiles: No. They – what was I just looking at? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 129 Borup: Oh. The other – right. The other one. Stiles: In what they submitted today or – on the 11th , they do have some sections, but it doesn’t show – Borup: Oh. The cross-section – Stiles: -- is not to scale. Borup: -- and it shows – I’m not even sure if that’s to scale necessarily. Well, how do we need – Stiles: That is another item they can propose as part of a PUD. It’s just got to be that’s what you approve or not. It’s hard to get all this information and know exactly what’s changed or what’s in addition. Borup: And that’s going to show – that’s going to be on the plat. Stiles: They’re not going to show landscaping on a plat. They’ll have to provide a detailed landscape plan as part of the final plat, but my problem is I’m afraid it’ll come back that say, well, you approved this. This is what you – you can’t ask for anything more. Borup: Well, I’m not sure what we’re approving there. Stiles: That’s what I’m afraid of. Borup: Oh. I guess at some point it’s got to come down to the integrity and the history of the developer. You know, what has their past history showed and whether we can expect the same in the future. Stiles: I have absolutely no problems when it comes with that. But you can’t base it on that. I mean, it would be nice if you could, but they could sell it tomorrow to someone else. I’m not questioning that at all. I think the project is great. Borup: Can we – your statement about – repeat again on where the landscape – you say we would need a landscaping detail? Would come before who at what point? Stiles: Typically it wouldn’t come before anyone except as part of their submittal for a final plat, but they have made a proposal as part of their conditional use permit what they submitted yesterday. Borup: But that proposal does not give dimensions. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 130 Stiles: No. It doesn’t. Borup: So I consider that a concept without specific dimensions -- Stiles: They’re showing roadway sections. Borup: -- or specific tree spacing or whatever. Stiles: But they are showing roadway sections. Borup: Yes. Hatcher: Keith, if we were to accept or recommend approval based upon what has been submitted, then we would, I think, legally have a sticky point that we would be obligated to the dimensions in which these cross-sections show. Borup: Right. On the cross-section. That’s going to show the 22 and – you’re saying the 22 and-a-half feet. Hatcher: Correct. Or the ten-foot. Depending on how you interpret it. Borup: In my mind – Hatcher: It’s something that needs to be addressed specifically so that we don’t have a problem down the line. Borup: Address specifically as what we’re – Hatcher: As to whether we approve it as submitted or we make a modification on staff’s recommendations. Borup: Well, yes. That needs to be clarified because we’ve got two different statements here. Hatcher: Right. Borup: So do we have a solution? In my mind, what counts is what that streetscape is going to look like. Not – what it’s visually going to look like more than how many feet it is. Hatcher: I agree. Borup: I guess that may be – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 131 Stiles: Chairman. Borup: Yes. Stiles: That planning strip ordinance, the Commission can approve something less than that if they agree with this concept. I guess I would rather you approve what they’re proposing rather than leave it up to staff later because we don’t like to have – (inaudible) never like to negotiate that stuff after the fact. They want to know what’s approved now. It’s a little difficult to say – to see here from what that fence construction is, but we’ve certainly seen a lot worse in that 20-foot planting strip. If these are roughly to scale, I tried to just scale the sidewalk, if that’s – if it’s roughly to scale, it’s about one to forty, and it appears that the trees, at least in this typical section they have would be about 40 feet on center. Borup: I’m coming out closer to 35 if the – 35 and-a-half. Stiles: On Locust Grove Road? Borup: Yes. I’m not using a scale. I took the paper. Go down there where it’s 35 and- a-half feet, draw two little lines and then go up to where the trees are, and it’s about the same. So our assumption would be that the tree spacing is about 35 and-a-half. Stiles: Is that one scaled? Borup: That’s about – that’s as close as you’re going to want trees; isn’t it? (inaudible). Stiles: The Commission needs to accept this as – unless you want changes to this, you need to accept that as they presented it. Borup: Okay. Make an assumption that the spacing is 35 to 40 feet. Can we add that? Stiles: Well, that’s as they presented it. This is a scaled drawing. Borup: Okay. Commissioners, I think we’re ready and we can accept this as – : We have a suggestion to make if the Commission would entertain it. Borup: Anybody else from Commission like to open the public hearing? Okay. I think what we got an option of, we can approve it as submitted, make an assumption and how I scale this is that the – those trees are spaced 35 to 40 feet. Hatcher: You know, to be perfectly honest, what I would really like to see is talking with legal counsel, what I’d really like to see, I’d like to take and put this off and have the developer and staff work out all of these items as to what it is is going to be done Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 132 because we need to – we have to approve or recommend approval to City Council of this is what we’re doing. Borup: Are we down to any other items besides this landscaping? Hatcher: Well, one of my concerns, and it has nothing – I know the track record of the developer, you know, integrity level, I have no problems with it. The problem that I foresee a whole can of worms opening up is we get back to that exact same thing. We’re going to apply it – we’re going to approve it in a general consensus, yeah, the overall plan looks great. Go for it. And then between now and the development agreement, all these things are going to – loose ends, and, well, that’s no – you approved it. We submitted it; you approved it; that’s what you’re getting. Then on the other flip side of that – Borup: You mean you’re thinking if something is going to come in that’s not going to show up on the plat? Hatcher: There’s so much here – Borup: That’s not going to show on the plat? Hatcher: There’s so much here that I know there’s issues here that we haven’t even discussed tonight, and we’ve been at it, for what, four hours, and I know that Mr. O’Niell brought it up himself, you know, that we need to address all of these issues specifically, otherwise the City opens up itself for a lawsuit. We cannot just say, well, yeah, I approve Mr. O’Niell’s response letter dated such-and-such when he has a paragraph at the bottom that says, “In addition to the comments from the staff report that are addressed above, Woodbridge Community would like to voice our concern that several of the comments contained in the staff report, depending on their interpretation, could be contrary to the intent of the plan,” da da da. What is he saying? He’s not saying anything other than– Pete O'Niell: Read the rest of it. Hatcher: -- have some concerns about all of it – No. I have read it. I have read it a couple of times. I’m just bringing up the whole thing that I’m concerned of loose ends. That we’re talking too many generalities. Borup: -- on his final comment was I’d like to work with staff – Hatcher: And that’s what I’m saying. Borup: -- and to prepare a draft development agreement. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 133 Pete O'Niell: For consideration (inaudible). Borup: Yeah. Which at this point, Shari, is the – at what point now is City Council wanting to see the development agreement? At what point in the process? Stiles: Prior to annexation. Borup: Prior to annexation. Pete O'Niell: Too late. Hatcher: We just recommended it. Borup: No. Nothing’s been annexed, yet, sir. Pete O'Niell: Yeah. That’s true. I’m sorry. Borup: Okay. Well, then, would that answer that concern? Hatcher: Rephrase it. Borup: Well – Hatcher: What would answer my concern? Borup: The development agreement is going to be written and approved prior to annexation by City Council. So those details do need to be worked out before they’re going to annex. I guess they need some type of recommendation from us, don’t they, before they can proceed ahead with that. Hatcher: Correct. Borup: So then don’t we need a recommendation be just on the annexation? Maybe we don’t need to – I don’t know if we need to address every issue in the motion, but it is getting late. Commissioners, we’re open for suggestion. Rutherford: I’ve got to tell you. I’m the gentleman that drafts the recommendations, and to tell you the truth, from what I’m understanding, I don’t know what to put in those recommendations. I’ve got staff comments, a number of them, I have Mr. O’Niell’s response, which he’d just like to incorporate in the record, and I can’t very well put all that information in the recommendation because you really would be sending my opinion to City Council a bunch of incomprehensible – it is my opinion that you need to be recommending to the City Council something comprehensible. Again, my opinion is that it would include getting – I guess you have a couple different options. I think Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 134 counsel for Mr. O’Niell has potential; a good alternative, and that’s to include specifically in your recommendation that with regard to landscape, the second access and when that’s to go in and the Green Hill Estates access that those issues are to be worked out with staff by way of a development agreement. Or we sit here tonight, we (inaudible) and you make specific recommendations about those issues up to the City Council. Borup: It looks like we’re down to, specifically, the letter, I think, addressed five items and addressing staff comments. You’re saying we either need to maybe address those five items that there was not agreement on or have them work it out with staff in a development agreement? Are those the two options you’re saying? Rutherford: I my opinion, those are your two options. Barbeiro: Mr. Chairman. Borup: Commissioner Barbeiro. Barbeiro: I think we have another option of continuing the public hearing for the (inaudible) bring us his (inaudible) of plat plan and development agreement. Borup: Yeah. Rutherford: Commissioners, I guess there is a third option which I didn’t mention. You always have an option of you can – I really don’t think tabling this would be the method to go to because then you couldn’t get anymore input from Mr. O’Niell and his staff. Potentially, re-opening the public hearing and continuing this matter and staff and Mr. O’Niell and his staff can get together and work out these issues with staff. Borup: I think we could address the five issues right now if we wanted without going into a lot of detail. If those are the only ones that – I see five. One’s the emergency vehicle access. That’d be a recommendation that would be strictly an emergency vehicle with – whether it can be the grass pavers or what could be worked out with ACHD. Their second item was access to Weatherby which is the same thing. That would not be the permanent access. Third was circulation. Staff was concerned about limiting the 100 units before the second access. ACHD was saying 50 with the proposal that was mentioned earlier, and I don’t know how the numbers come out, but it would be essentially half of the development, and then there would be that second access point when the second half was developed. That would answer that. Number four is also the secondary access point. Staff comment was just locate further to the north to have a more straight shot to Magic View. I’d have to – I mean, it was brought up earlier that you don’t want those straight shots. You want to make a more indirect route. We could answer that. The last item is the buffer. We do have a concept before us. We could make some assumptions on size and put that in the motion, and I think that would Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 135 address everything. Shari, those five items, essentially, are the only ones that you see that was maybe different from staff comments of any substance that would – Stiles: Unless something contained in the last paragraph was something that we didn’t know about or – Borup: And that ended by saying that would be worked out with staff. I don’t know what – okay, Commissioners, do you want to try to incorporate that in or do you want to – Barbeiro: Mr. Chairman, speaking for myself, I’ve been up for 22 hours. The volume of material that has been brought before us beginning yesterday and the additional material today, I am not in a position to comprehend or make a viable recommendation here with what we have in front of us just because of the lateness of the hour and the volume of the material, and I have had a real difficult time following everything that is here and keeping along Steve’s notes that he has without a direction on how we would draft this to City Council. Borup: Are you leading you’d like to continue? Barbeiro: I’d like to re-open the public hearing and continue it and allow the developer to present his more specific form of the plat. Borup: The plat – I don’t know if we’re going to get more specific on the plat. Barbeiro: I’m finding so many unanswered questions and open-ended items here that I have lost track of (inaudible). Borup: I guess I don’t see that many. You’ve been writing them down? Barbeiro: Have I been writing them down? Borup: Well, if you want answers to questions, you’ve got to be able to ask them. Commissioner Brown, any comment? Brown: I’d second a motion if he wants to make a motion to re-open the hearing to continue it. Borup: Mr. Hatcher. Hatcher: I would lean that way as well. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 136 Borup: My first tendency would be to try to get it done, but it’s getting too late. Yes. It’s because of the lateness of the hour is probably the only reason I would agree with that too. There is a limit to how much we can handle in one night. Barbeiro: Mr. Chairman, I move that we re-open the public hearing and continue it to our next available date. Borup: November 9th . Barbeiro: (inaudible) Borup: Not unless you want to have a special meeting. Barbeiro: I’m not inclined. Borup: Motion is to open a public hearing and continue it to November 9th . Brown: Second. Borup: Okay. We do have a second. Do we have any specific requests from the applicant then, any information that you’d like to see? I don’t know how he can bring us anything if we don’t give him some specific – Rutherford: Commissioner, if I could have for bookkeeping purposes, a vote on the motion to re-open and then a separate motion and vote on a continuation. Borup: Okay. Motion for – vote first on the motion to re-open the hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Okay. The hearing has been opened, re-opened. Vote on continuation. All in favor? Or do you want another motion? Steve, do you want a new motion? Rutherford: Please. Borup: Okay. Barbeiro: Mr. Chairman, I make a motion that we continue the public hearing to November 9th . Brown: I second it. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 137 Borup: Okay. Is there any request from the applicant? Is there anything different he should come November 9th with what he already has? Anything new that he hasn’t already presented? Brown: Specifically, some of the things that I can think of is, I’d like to know the things that we’re hearing from staff and the (inaudible) is to where we’re not in compliance with the zone so that we know what it is that we’re doing, and that would be just information in the staff report that – I think that the two need to get together to work out these conditions, and I think the direction that we could give them is that – you know, if I could get support from my fellow Commissioners the condition asking for the 100-foot cut-off is not reasonable. Borup: Do you mean the 100 lot? Brown: Hundred lot cut-off is not reasonable. Borup: So you’re saying you’d support the Phase I? Brown: Right. Number one is being proposed to provide the temporary access to service those first hundreds until Phase II is provided. I think we have two different issues, correct? One and two, Mr. O’Niell? Scott, are you saying it’s a temporary alignment or by that – Pete O'Niell: The reason (inaudible) to answer the question in general that you raised – let me answer your specific one, first. Yeah. There was a recommendation to the staff that a secondary – emergency access, we put in a permanent right-of-way by the hundredth house or building permit or whatever. We don’t even know – we may not even know what that is. We, by the 100 houses, we’ll guarantee an emergency vehicle as another way in to service. I think we said by the 100th (inaudible) occupancy permit as opposed to building permit. By the time you have 100 people out there, you’ll have another way in that you can get in all year round. Again, we’ve done that before. We don’t even know what the right-of-way is, so shouldn’t be a big argument over that. Then the access to Weatherby, we’ve gone over and over that. Brown: Agree that’s going to be emergency access, pedestrian access. I think we’ve agreed to that. I figured we got two different issues. One is – one and two are not the same issue. Pete O'Niell: Right. And then the location and then the circulation was that at 100 we had to have the second way out, and we’re saying that doesn’t make any sense. ACHD is 250 and we’ve said, you know, at 165 or 170 occupants, we’ve got to have the second because we’re into the second phase. Borup: You’ve already said you’d have it in the second phase. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 138 Pete O'Niell: Really, the only – I think the only issue that is there’s a logical – the other one was where the access to the east is whether it’s what our proposal condition or does it move further north, and we’ve beat that one to death. Really, the only debate is the buffer deal and our suggestion to Steve which was – you could make a condition that says prior to the final approval – the approval of the final development agreement and City Council’s approval of the PUD, they have to approve a specific landscape plan including fence design. So it is subject to the public hearing and so on and so forth. I think the problem – you have identified and you’ve experienced in the last four or five hours the reason more developers don’t do PUDs and the reason it creates so much brain damage for everybody concerned because there is this – where does concept leave off and where does detail begin, issue, and unfortunately I’m very empathetic to the points that you bring up because they keep coming up. Everybody every time we go through this. It’s not that you don’t get it. It’s just a hard, difficult thing. There is, as Keith said, there’s at some point in time there is a leap of faith that we’ll do what we say we’re going to do, and you can put in the conditions that they will be done before final approval. That they become specific conditions, so if we turn around and sell the property, they run with the property. It says right in the staff report and everything else. These conditions run with the property, so if we submit a landscape plan that is approved part of the development agreement, if we sold it, somebody’s got to do that. So these are not insurmountable issues. They appear to be the first time you go through them, and to be fair, you’ve received an awful lot of stuff in the last few days. The staff report on Friday. You might not have read it until Monday, then all of the stuff from us. I’m not personally upset by the fact that you want to give yourself a chance to digest this and a chance for us to, you know, maybe give you some better diagrams, something to understand what it is we’re talking about, and a chance to work with staff to see if we can limit the number of issues that we have to deal with. But you do have to give staff some direction. Borup: It doesn’t sound like – Pete O'Niell: I think you just have. Borup: I think at this point, the only additional information we don’t have would be the little more landscaping detail on the Locust Grove; is that correct? Barbeiro: That and then the last paragraph of the letter, too. Back to that, Mr. O’Niell’s comment of rather than addressing each item individually at the hearing, which is tonight, they work with staff and get things ironed out for the development agreement. What are those other items and, you know, I welcome Mr. O’Niell and staff to get together and work out whatever these items are and bring them back to us. Borup: You see, we’re never going to see the development agreement. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 139 Barbeiro: I understand that. We’re not going to see it, but if there is these issues out there that, you know – Pete O'Niell: We could give you a list of those issues. Five of those issues points that you have to stripe and do something on roadways or parking lots, you have to contain the stuff on parking lots on-site. You have to – all things to do with specific CUs for strip shopping center or apartment project doesn’t have anything to do with this project. We’re suggesting rather than bare staff, bringing it up in public meeting that we work with them and say, you know, those really aren’t appropriate for this project. They should either be deleted or re-worded. That’s why we worded it the way we did so we didn’t have to make the statement that we just made. There’s a lot of things – Brown: I appreciate the statement that you just made because otherwise it’s loose end that I have no clue what you’re talking about or what you’re asking. Pete O'Niell: All conditions of approval, it seems to me (inaudible) through this that there’s a certain amount of boiler-plat conditions and then there’s specific conditions. Sometimes they’re at odds. Again, the reason we bring attorneys and – we do our homework very professionally. We do our work very professionally. We take it very seriously, and we like it when the City does the same thing. Sometimes it is an arduous process, and the lawyers are challenged with things that most guys don’t challenge them with. Do you mean this or do you mean this? Let’s work that out now or, you know, early in the process so that when we get to a plat, we’re not saying, oh. I thought you couldn’t have black roofs on houses. I thought it meant something else. Brown: I certainly appreciate all the effort and time that’s gone into the documents that you’ve prepared. In my profession – it just makes life so much easier when you – people do do that. But in the same aspect, it’s also sometimes information overload, and that’s what, I think, we’ve all kind of have reached over the last 24 hours. Borup: Did we – Brown: Voted for continuation. Borup: Did we have a second motion? The second motion was to continue? Do we have a vote on that? Okay. Do you still want to vote on that or has anyone changed their mind? Barbeiro: Call for a vote. Borup: At this point, can I get the staff to maybe work out some details and then see a new – a little bit more landscaping detail on Locust Grove, and that’s it? Is there – and give us a chance to review these things a little more clearly? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 140 Brown: Yes. Borup: Okay. Steve, you look like you’ve got a question, comment. Rutherford: Waiting for a motion. Borup: Just falling asleep? All in favor? MOTION CARRIED: ALL AYES Borup: Does anyone here have any question on direction? Shari? Stiles: Yeah (inaudible). Borup: Pardon? Stiles: What did you just do? Borup: We continued – the applicant would like to get with you to maybe go over some specific things on – that would be included in the development agreement. Brown: You have to bring ice cream next time. Borup: And then, I guess, look at a little more detail on the – : Will be first next time on the agenda instead of – Borup: Yes, they will be. Well, we did put continue one other item earlier. Who was that? It’ll be towards the first. The continued items are always first on the agenda. I forgot what I was just going to say. Barbeiro: (inaudible). Borup: Yes. We still have two more items. I thought I had a question for Mr. O’Niell. Barbeiro: (inaudible) skip (inaudible). Borup: I’m sorry. I lost it. ITEM 15. PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION’S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR THE ESTABLISHMENT OF A NEW FEE Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 141 FOR COPIES OF THE ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT OF $25.00: Borup: Item – what did we just say – 15. Okay. This Item 15 was the item that Mr. Gigray – you know, I’m fine until about 2:00, and we’ve passed that. I’m not fine anymore. Steve – *** End of tape 9 *** I’m going to turn this over to you to see how you’d like us to proceed on this. Rutherford: Well, you’ve – members of the Commission, you’ve heard from Bill Gigray earlier tonight, specifically about the three items. I think that’s when we’re a little fresher. But, to tell you the truth, Bill left out that the one that was noticed in addition we’re changing, and Will might be able to give us some insight on this, but we’re changing the amount. It’s going to cost for a copy of the Code – Borup: $25.00 Rutherford: $25.00 – I think it was $20 or $15 or something, maybe even cheaper. It’s been awhile since we’ve adjusted it. And, again, just general overview, we’re adopting the new booklet that’s the City Code. A new 3-ring binder. The old one is outdated, arcane, and – Borup: You’re looking for us just to do a recommendation on approval or a – Rutherford: Or a recommendation on that and there will be no paperwork associated with – that would get it to City Council. Same thing with the other four. Barbeiro: I’ll trust you. Borup: Then let’s make a recommendation – Brown: I’ve got a question about 15. Borup: That’s what we just finished. Brown: No we didn’t. We’re on it. This de-annexation business in the development agreement. Rutherford: Yes. Brown: I don’t understand. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 142 Stiles: We put that in all of our development agreements. It’s a big (inaudible). Rutherford: It’s a big punishment, penalty potentially. Brown: Maybe this legal counsel can tell me something different than other legal counsel’s told me before, but they’ve told me that is not possible. Borup: To de-annex? Brown: To de-annex. Borup: Has the City ever done it? Brown: You can de-annex, but to have permission to de-annex, you have to be the owner of the property, the owner of the property is requesting it. Does the owner of the property grant to the future heirs or grantors of the property that – if someone doesn’t follow the agreement than that could de-annex? Stiles: The development agreement applies to all successors, heirs. Brown: So we approve this Woodbridge Subdivision and then – is it complete? Everything in the development agreement and we don’t catch it until all those people are living in that subdivision you’re de-annexing. Stiles: And we shut off all the sewer and water. Rutherford: Theoretically, that’s a threat, but rarely would it ever, maybe never has it ever come to fruition. Usually people just jump in line. Brown: I don’t see what it does. Rutherford: Commissioner, I couldn’t tell you the truth with what right now Idaho Code – I don’t know that Idaho Code provides for de-annexation. I’m not sure. Brown: I’ve done de-annexations as a part of the staff person for the City of Boise. The owner has to make the request. Rutherford: Right. And, again – Brown: You’re having an owner grant you the authority for de-annexing at some time in the future (inaudible) I took that specific thing to the legal counsel that I was working for, and they told me that that was not possible. I saw that and I just kind of questioned that. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 143 Rutherford: To tell you the truth – Brown: I word that real good – not mention any names. Rutherford: I don’t know right now. I know that the – it’s been in the other form that the City used, and Bill Gigray has included it in this form; it’s something I could absolutely check into. Would not be difficult for me to find out. Brown: I would appreciate it. I don’t have a problem with recommending approval, but I – I just – that one kind of intrigued me, I guess. Borup: Well, and if Kent can be intrigued, let me ask one question, too. I don’t know what page this is, under Title 2, Section 3-2A – Brown: First page? Borup: Is that the first page? Brown: After the Table of Contents. Borup: Oh. Yeah. First page after the Table of Contents. The left-hand side says the Commission, the right-hand side says the Administrator, and then under the old title, it had that Commission members preside in the County for five years and that changed to two years; is that in compliance with new state law? Rutherford: That’s exactly what it is, and actually, most of the technical changes you see, the textual changes you see are specifically that. Just we’ve gone through and just updated – actually, it’s not even us that (inaudible). Borup: So we do need to comply with state law? Well, I mean – two years isn’t very long time for someone to live in the County to be making decisions for everybody. Berg: My question is can’t you make it more restrictive? I guess I make this point is – doesn’t it say that you have to have so many people living in the city limits and so many in the area of impact; is that just one? Borup: No. You’re limited to two in the area of impact. To (inaudible), I believe. Berg: Two maximum; how about minimum? You could put your own restraints as long as you comply with the minimum requirements of the state statute; correct? I mean – am I – Rutherford: As I understand it – I know that’s the way we work on the criminal side of things. We have more restrictive laws here in certain situations. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 144 Borup: So, from this Commission as to – do we feel two years is enough? Rutherford: That would be a situation where we would – if you didn’t feel two years was enough, we would ask – you would ask your attorney to draft an ordinance, have a public hearing, and change it to what you thought it needed to be. Borup: I thought you were changing it already here. Rutherford: We are changing it. Stiles: To meet State Code. Rutherford: To meet State Code. Borup: Why can’t you leave it the way it is and still meet State Code, doesn’t it? Rutherford: I understand, and this most recent effort was an attempt to update the Code to – update the City Code to meet the State Code. That’s what all these changes are. Recent changes in the State Code. Borup: Well – Berg: It doesn’t mean we’re not complying with State Code (inaudible). Borup: Any other Commissioners have any concern? Apparently not. (inaudible). Hatcher: Someone that lives here for ten years and wants to go through this abuse. Borup: Well, I guess we’ll leave that up to the Mayor to – Hatcher: I have complete confidence in our City Attorney – Borup: Well, okay. Did we get a motion to approve this? Hatcher: Mr. Chairman. Rutherford: That, actually, Commissioners, would require four separate motions, please. Borup: Four separate motions? Rutherford: Yes. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 145 Borup: So one is on the one that says notice of hearing, you need a motion on that? On the $25 – Rutherford: Actually, let me clarify what – with Will. Will, do all these fall under the guides of the textual changes in your opinion? Berg: Pardon me? Rutherford: Do all these fall under the guides of textual changes in your opinion? Textual changes to the Code? Berg: You’re saying there’s four areas. What were you going to mention? Textual changes – Rutherford: The textual changes to your proposed new City Code in its entirety, the CUP, the development agreement and the $25 – the fee. Berg: The fee. Rutherford: Correct. So there’s four subparts to the textual changes. Stiles: (inaudible) chance for you to review that, too? Berg: Well, the concern is, my understanding is Bill’s in a hurry to get this to the City Council for approval. My concern is making sure that everybody feels comfortable about what they’re approving, and I know that everybody’s kind of in a hurry to get this done, but I also want it done correctly. The way I understood, there’s some textual changes, there is a transfer of CUP, development agreement – Stiles: And the fee. Rutherford: Which really falls under the guides of textual changes. Berg: -- and that’s a textual thing and then the fees. I though those were the four areas unless there are more. Rutherford: No. Those are them. Berg: I think the only thing that the P & Z has to deal with as a whole is the zoning and development ordinance codes; is that correct, Shari? They don’t have to approve the whole codified code book. They’re only dealing with the zoning and the development, subdivision development sections. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 146 Stiles: When we – when Bill wanted this to go forward so that we could do the recodification, I thought it was just all the changing ordinance to title and those kinds of things and the numbers, but then this conditional – transfer of conditional use permit and the development agreements have kind of got tacked on, and I didn’t know what the big hurry was for that. Because every time I asked Bill what, you know, what were those changes – Rutherford: I think the hurry was we sent it over in June and nothing happened. Stiles: Sent it to me in June? Rutherford: Well, sent it – I think, as I recall, there was memos to both. That’s Bill – that’s the indication I got from Bill is that there were memos to Planning and Zoning staff and – I thought he said he sent it to the Commission. Stiles: I have lots of things. I have lots of memos. Borup: Do you feel you need more time or what? What are we trying to say here? Stiles: The textual – those changes for the codification – is a development agreement and this transfer thing, is that required for their recodification? Rutherford: It’s not in the new codification, no. Stiles: Oh. I guess I’d kind of like – my biggest problem with it is, I think it’s left out things that I still want in about transfers. Borup: So can we approve everything but that? Stiles: I don’t have the new code book, so I can’t figure out what he’s added and order of placed or what it is because it’s a whole new number that I’ve never even heard of, and I don’t know what it’s replacing. Rutherford: Absolutely. Stiles: If you look at that packet – do you understand? Rutherford: That’s the importance of the new code is that all that stuff is in the context and the numbers and the references aren’t referenced to the new code. Borup: So can we approve everything except for the conditional use transfers? Stiles: I don’t really have any comment on the development agreement part of it unless, you know – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 147 Rutherford: To answer your question, yeah. You can do whatever you want. Borup: I want to move this along. Shari, would that – then you can review that? Is that going to harm anything by not having the conditional use section – Hatcher: Can we approve it including staff comments? Stiles: That are yet to be generated? Rutherford: We can send the CUP along later. Borup: Let’s do something. Let’s – I’d like – if it feels like he wants to get this to City Council, let’s get it to City Council. Stiles: He does. He wants to get – I just don’t want to mess him up saying the transfers – Borup: Would you have the opportunity before City Council approves it to give any comments to City Council about your thoughts on the conditional use permit transfer section? Stiles: Sure. Rutherford: Yes. She’d be another hearing. Stiles: I made a copy of the new code. Borup: Why don’t you re-write how – why don’t you add those things that you want to have in there, then? Rutherford: My concern, though, is getting the wrong indication from the P & Z to the City Council that you approve all this and maybe you don’t. Do you understand what I’m saying? Borup: And we approve it with stipulation that Shari would be writing some additions? : (inaudible) Borup: Yeah. Can we approve it with stipulation that Shari would be writing some additions to the transfer section and that would be presented at City Council? That gives you enough time? Rutherford: Sure. I think so. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 148 Borup: Shari? Berg: We’ve opened this hearing, haven’t we? Stiles: If it’s recommended this will go to City Council – Berg: (inaudible) then we’re going to make a recommendation. Stiles: -- on the 19th of November. Borup: On the 19th of when? Stiles: November. Borup: Oh. That gives you enough time, then. Stiles: Yeah. With – if we can do that. Borup: Okay. Let’s close this hearing. Hatcher: Did we officially open the hearing? Borup: No. I didn’t. Item No. 15 – open public hearing for review and consideration of P & Z Commission’s consideration technical and clerical changes to the zoning and subdivision ordinances and fees and et cetera. Everything that’s in the packet. Barbeiro: Mr. Chairman, I move that we close the public hearing. Borup: Do – can the minutes take all those comments that we made earlier and insert them right here? Berg: Yes. Borup: Okay. So done. That was the intent. Brown: Second. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Do we have a motion? Steve, do we still need four separate motions? Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 149 Rutherford: No. Borup: Okay. We can do all one motion with the stip – the clarification that Shari will be – would somebody like to do that? We’re making a motion to approve – yeah. Who is – Barbeiro: We’re recommending approval of Item 15. Various technical and clerical – what’s that? Borup: I skipped over that. I’m not – Barbeiro: I didn’t want to read that this late at night. That changes to the zoning and subdivision ordinance. Borup: Motion? Brown: Second. Rutherford: Subject to Shari’s comments on CUP stuff? Borup: Yes. Did you have on there that Shari would be – Barbeiro: I would amend my motion for that. Borup: All in favor? Barbeiro: Do I have a second? Brown: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: We’re done. Brown: Sixteen? ITEM 16. RECOMMENDATION FROM P&Z FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12,13 BLOCK 7, WHITESTONE ESTATES NO. 3 SUBDIVISION BY WHITESTONE DEVELOPMENTS, LLC-NORTH OF W. FRANKLIN ROAD AND WEST OF S. LINDER ROAD: Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 150 Borup: Item 16. Shari, it sounds like they gave the (inaudible) – I’d like to open public hearing on Item No. 16, recommendation from P & Z for vacation of public utilities and drainage from Whitestone Development. They donated the land to the school; is that right? The roads were – Stiles: They re-subdivided and they had this third phase – part of those lots, there were two or three lots that were part of the old subdivision, number two, so they re- subdivided and did number three, but I’ve always understood that if you re-subdivided it kind of gets rid of the old easements. That’s not – John Priest’s interpretation anymore. They had to record it – Borup: (inaudible) because of the County require – County Engineer? Stiles: They had to record it with the old easements still outlined on these lots which made them unbuildable. That’s what they’re doing. Borup: Staff’s okay. No problems. Stiles: They’re relocating any of the utilities that they’d need to. Yeah. Borup: Everybody’s okay? No questions, no problems? Stiles: We’re excited about it. Borup: I’m open for a motion. Hatcher: This last July, that rule changed, thought. Stiles: About the vacation? Hatcher: Uh-huh. Stiles: Well, John hasn’t been to a new workshop yet, so – Borup: Okay. I’m open for a motion. Brown: I move that we close the public hearing. Barbeiro: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 151 Stiles: That wasn’t even a public hearing, was it? Brown: It’s a vacation, isn’t it? Borup: Okay. Stiles: Did it say public hearing? Borup: No. This is not a public hearing. This is recommendation. So our recommendation would be that we – do we have a motion? Brown: Recommend approval to the City Council of the vacation of the easements for Whitestone Development, the drainage and utility easements? Borup: Okay. We have a motion. Barbeiro: Second. Borup: And a second. All in favor? MOTION CARRIED: ALL AYES Borup: Okay. Commissioners, I would – how do we handle something like this in the future? Barbeiro: I’m leaving at 12:30. City Council – Brown: Considers it 10:00 or 10:30 – (inaudible) cut off. Barbeiro: Do you want to adjourn? Borup: No. We’re setting policy here. Barbeiro: Once I hit 1:00, I’m pretty much worthless. I just might – I mean, my cognizant, ability (inaudible) – Borup: I think the next time when we’re approaching that, let’s just continue – someone kick me and remind me. I take reminders real well. So we may need to start continuing – even if we’re in the middle of testimony – Hatcher: We hit midnight, we need to bring it (inaudible) – Borup: Start to wind it down. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 152 Hatcher: -- that we’re shutting down at 1:00 wherever we’re at. Borup: Okay. Hatcher: 12:30 – whatever you want. Barbeiro: If you say 12:30, it’s going to stretch itself out. If you say 1:00, it’s still going to stretch itself out. Borup: Well, we can say 1:00 to ourselves and try to start getting it wound down at 12:00. Hatcher: Yeah. In terms – we’ll stick it out until 1:00 or (inaudible) Barbeiro: The idea that I like is that whatever hearing we are on at midnight, that’s the last hearing. Borup: Oh. Yes. Absolutely. But how do you handle – see, I can’t remember what meeting I was – oh. City Council. When they had the – that last one when they had the 200 people here or whatever it was, they shut off the public hearing but they still went to the end of their agenda and got through everything else. They still had the department reports and – Barbeiro: Continued all the public hearings. Brown: Cut it at 10:30 and say, okay, we’re going to take this one more – Borup: Well, the other choice, okay, then that’s the other thing. When we do that, do we continue it to next month or do we continue it to a special meeting? Barbeiro: I was open to a special meeting for the one – Borup: That’s – wonder what you Commissioners feel. I don’t know if it’s fair to continue it – make an applicant wait for a whole other month. Would we rather have a meeting? Barbeiro: I’ve been put off before another month (inaudible) I’m sure Kent has, too. Borup: It sometimes may be appropriate, but if we’re going to start cutting them off earlier, are we open to having another special meeting if it looks like it would merit that? Barbeiro: I think our agenda items should never go over 12 or – Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 153 Borup: It depends on what they are. So can we look at that on a case-by-case basis on whether we have a special meeting or not and still try to get it – start shutting down at midnight? I’d – Stiles: Well, we should have had the special meeting first for the Fiver (sic) House. That’s – how long was that one? Borup: Let’s – I’d prefer a motion to adjourn. Brown: (inaudible) adjourn. Meridian Planning and Zoning Commission Meeting October 12, 1999 Page 154 Borup: Say second. Barbeiro: All in favor? MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 3:07 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: _________________________________ KEITH BORUP, CHAIRMAN ATTEST: ________________________________ WILLIAM G. BERG, JR., CITY CLERK