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1999 05-11MERIDIAN PLANNING & ZONING COMMISSION MEETING MAY 11, 1999 The regular scheduled meeting of the Meridian Planning and Zoning Commission was called to order 7:00 P.M. by Malcolm MacCoy. MEMBERS PRESENT: Malcolm MacCoy, Tammy De Weerd, Keith Borup, Thomas Barbeiro. OTHERS PRESENT: Shari Stiles, Bruce Freckleton, Eric Rossman, Will Berg. MacCoy: Good evening. It’s now a little past the hour and everybody is in their seats finally. Welcome to the City of Meridian’s Planning and Zoning meeting for the May 11th 1999 date. Commissioner Byron Smith will not be with us this evening. He’s on company business and has been asked to be excused this evening. We still have a quorum so we’ll continue on. On the agenda which you have probably picked up at the door there I want to make two comments about these things. Item C has been withdrawn by the company themselves, and item 2 has been withdrawn by the people involved in that operation too. We don’t know when the future will be for either one of these. So they will not be discussed this evening, so if you’re here for any one of those two, well that’s one song for them right now. I’d like for all you people that are here many of you may have been before this Planning and Zoning Board, and I’ll give you the ground rules that we live by. I’ll go through and I’ll read off the agenda what the title is and the means. I’ll request that staff to give us their input which everybody can hear that. We have copies among us here, but I want you to hear what is pertinent for that item and then we’ll ask the applicant to come forward and we give him 15 minutes maximum to tell his story, and then after that has happened and we as commissioners will ask him questions at the time. Then he’ll be seated and after that then I’ll ask for those people who are for the agenda item and then when those people have been forward, each of those people have five minutes to say their piece and I will ask that you keep from having redundancy. If somebody is all ready said what you want to say, you can forward and just say well I approve or I will go with so and so and let it go at that. It will make our evening a lot easier that way because we have a long agenda tonight and those then that are against that item will then be asked to come forward and do the same thing. We’re going to take a break around 9:00 – 9:30 this evening and at that time the commissioners will be polled as to how we look at the rest of the agenda and we’ll come back and I will state how the rest of the evening will go. We’d like to have this thing end between 10:00 and 10:30 and no 1:00 in the morning and we’ve been here as commissioners at that time literally until 1:00 in the morning and nobody is good at that time in the morning, neither you nor us. I’d like to do a fair job for everybody. All right moving on looking at our agenda as posted. Item A part of our consent agenda is the minutes of the previous meeting held April 13, 1999. Commissioners, is there any corrections to this set of minutes? Borup: I have none. De Weerd: I have none. Meridian Planning and Zoning Commission May 11, 1999 Page 2 MacCoy: Having no corrections, what’s the motion? De Weerd: Mr. Chairman I move that we approve the minutes as presented. Borup: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES. MacCoy: Item B on the consent agenda we have Ada Development Services. These are new to us since the first of this year based on our state laws and item 1, let’s see. I’ll give you a brief description as we get it from the County. It’s a 300 foot private road to provide access to a future one time division of the property. The property contains 4.58 acres and is located at 4225 W. Cherry Lane in Meridian. Commissioners. De Weerd: I have no problems with it. Borup: I have none. I do have a question and staff has got a comment on that. Because on that first item I did have a question mark. The other two – so that’s one we may want to especially if staff has got input. We’d want to pull that off the consent agenda and then proceed with the others. MacCoy: Let me see if we have any comment right now. Stiles: I guess my only comment if these are on the consent agenda, why are they not just all approved right now? I mean if somebody wants to pull something off, but I thought that was why it was the consent agenda so you take care of all of those at the same time with one motion. Rossman: Shari is absolutely correct. They’ve been put on the consent so that you don’t have to address them and address the particulars of each one of these applications and if someone wants to pull one off the consent agenda and seek staff comments or seek input on it, they certainly can. But otherwise the intent was that we just address these one at a time and without any additional comment absent someone’s request to pull it off the consent agenda. MacCoy: Thank you. That’s what I would like to do, but waiting for the attorney decision. Okay, looking forward out of the consent agendas for B1, 2 and 3 is there any of those that are a problem and you want to pull off? De Weerd: Mr. Chairman, I would like to pull off number 3. Meridian Planning and Zoning Commission May 11, 1999 Page 3 MacCoy: Do I hear a second for that one? De Weerd: Would you like to know why? Borup: I don’t think she needs a second. MacCoy: I don’t think they need a second either. I’m just going to say I would like to know – Rossman: She doesn’t need a second. It will be pulled off. MacCoy: Yeah, just a matter of letting it go. All right then items B1, and B2 are no problem with any of the commissioners? De Weerd: No. MacCoy: Okay, what’s your position? De Weerd: Well the staff direct a letter to Ada County saying we have no problem with them. MacCoy: Very good. De Weerd: Or just no comment at all. Rossman: Leave it to staff’s discretion I assume. De Weerd: Yes, thank you. MacCoy: Thank you. We’ve already mentioned C. We move on to the regular agenda, item 1 – Rossman: Mr. Chairman we need a second on that on her motion. MacCoy: Oh, that one. Rossman: Yes. Borup: Second. MacCoy: Thank you Commissioner Borup. Rossman: Then you need a vote. Meridian Planning and Zoning Commission May 11, 1999 Page 4 MacCoy: Okay, all in favor. MOTION CARRIED: ALL AYES. MacCoy: If that’s the way you want to work fine. We get used to new procedures all the time. All right moving on to regular agenda item. ITEM NO. 1: CONTINUED PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT FOR A FAMILY DAYCARE WITH FIVE OR LESS CHILDREN BY VICCI L SNYDER—2747 S. VELVET FALLS WAY: MacCoy: And since this is a continued public hearing, we have it open to the floor. Is the applicant here that has anything she wants to say in that respect right now before we move on? VICCI SNYDER 2747 S. VELVET FALLS, MERIDIAN, IDAHO Snyder: My little girl needed a playmate and my friend was going back to work and we thought it was a perfect opportunity for the both of us but I spent the last nine months in red tape through everything so that I could be up to ordinance just to watch her little boys during the school year. We’ve got two weeks left and school is out and that’s the only time we planned on doing it. So I don’t know what else to say. Do you have any questions? MacCoy: I don’t think so. All right you can sit down then. Is there anyone who would like to make a comment for that before we move on? Anybody want to make a comment against that? Okay. De Weerd: Mr. Chairman, I believe that the attorney was to review the ordinance and let us know his interpretation on whether the applicant’s children count in the five or if they don’t. MacCoy: That’s correct. We’re going to do that in a moment here, but we got a public hearing which since we’re down to that, we can close the public hearing and then we’ll hear the attorney’s statement. De Weerd: If it’s possible I’d like it to stay open so that the applicant might have a chance to respond. MacCoy: That’s fine. I don’t have any problem with that. Okay, we’ll go ahead with the attorney. Meridian Planning and Zoning Commission May 11, 1999 Page 5 Rossman: When this application was continued at the last public hearing, the question that arose was a legal issue regarding the interpretation of the section 2-403 of the Meridian Zoning and Development Ordinance. Particularly the definition of childcare facility within that ordinance and the particular question that arose was whether or not in determining whether or not a particular facility qualifies as a childcare facility under the ordinance, whether or not the applicant’s children should be included in the number of children within the definition, and my reading of the ordinance and that’s all I can provide. There isn’t any history and there isn’t any case law interpreting the ordinance obviously. All I can do is read the ordinance and provide a legal interpretation from the plain language of the ordinance and that is the first paragraph of that ordinance indicates that any home, structure or place where non medical care, protection or supervision is regularly provided to children under 14 years of age for periods less than 24 hours per day and this is the important part of the definition while the parents or guardians are not on the premises. There are three types of childcare facilities, a family childcare home, which provides care for five or fewer children throughout the day, a group childcare home, which provides care for six to twelve children throughout the day and a childcare center, which provides care for more than 12 children throughout the day. There is a paragraph at the end of the definition that says that it should be noted that determining the type of childcare facility that is being operated the total number of children cared for during the day and not the number of children at the facility at one time is determinative. That in my opinion relates to a facility that has children at different times of the day. For example some morning which are then going to school and then some afternoon children, which it varies throughout the day. From reading this ordinance, it appears on its face to me that the definition when we’re counting the number of children within a home whether or not it qualifies as a childcare facility or one of the various care homes identified in the ordinance, I don’t believe from reading this ordinance that it is intended to include the children of the applicant. Particularly that portion of the first paragraph where it says while the parents or guardians are not on the premises. That implies there are somebody else’s kids that the applicant is caring for. That from the face of it tells me that it does not include the applicant’s own children. Now whether that is how this ordinance has been historically interpreted by the commission is another issue and I’d have to defer that to Shari or other staff, since I certainly haven’t been here throughout the history of this particular ordinance. Does anybody have any questions in light of that? I know it was kind of an exhaustive statement of my interpretation of the ordinance. Stiles: The five children including the children of the caregiver have always been included in the number. When we have Findings of Fact and Conclusions of Law that’s where it was more detailed in what the requirement was where they did spell out including their own children, but whether that’s something this Planning and Zoning Commission wants to reconsider – Meridian Planning and Zoning Commission May 11, 1999 Page 6 Rossman: And it certainly is ambiguous enough that we can defer to how it’s been historically interpreted by the Planning and Zoning Commission and the City Council obviously. I would offer as well that my understanding of the Idaho State regulations, childcare regulations for licensing for facilities under state law the definitions do not include the particular caregivers own children from my understanding. Borup: Mr. Chairman, the only concern I think I would have is a situation perhaps where the operator had several children that were not in school that were home during the same time, and I can see a concern there where that would a problem with properly taking care of all of them, and this situation she just has the one child at home. The others are school age and high school and junior high. I think in my mind the concern would be on limiting that number. It would be to proper care. I mean you know a family could have three children under five years of age theoretically and to have five more in addition to that one person, it would not be feasible to handle. Rossman: And if I may add to that, we can’t this commission or the City Council can’t interpret this ordinance in a manner that is not uniform between the applications. In other words, if an applicant comes before the commission and they have one child, the Council can’t choose to interpret it as not including that particular child and then when the next applicant comes with seven of their own children interpret it the other way. So you have to keep in mind when you’re interpreting this ordinance that you have to take into account all potential applications of the particular interpretation that you provide to the ordinance, and in this case it’s one child. But you also have to consider the next case where you may have seven or eight children. Borup: That’s the way I’ve been interpreting it. I may have been wrong, but on previous ones, if they’ve had – I think we’ve had some that had two children and they realize they could only have three more. So that’s been my interpretation. It may not have been right, but that is the understanding that I had voted on things in the past with. De Weerd: Were those kids in school at the time or were those kids that would also be a part of the childcare? Borup: I’m saying not in school would count towards the number, and perhaps even half day. I think a full day of school is what would count there. Rossman: And that’s correct. I mean I don’t think there can be any interpretation that it doesn’t apply to children that are in school, because the definition specifically says in that paragraph that it should be noted that in determining the type of childcare facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time as determinative. So anytime during the day and that’s identified in the first paragraph for periods less than 24 hours per day, so I think it would apply to school age children and non school age children. The Meridian Planning and Zoning Commission May 11, 1999 Page 7 question is do the applicants own children, are they included in the ordinance or are they not and my interpretation is that they are not but whether it’s been historically applied that way I don’t know. Borup: And I may be wrong again I’m repeating myself how I thought we were applying it is that their own children count if they’re young enough not attending school. If they’re older, it hasn’t counted. Rossman: I don’t think you can provide that interpretation on there. I don’t think whether they’re in or out of school – Borup: Well you asked how it’s been interpreted. That’s my understanding how we have in the past. MacCoy: Okay, Shari do you have anything else you want to add to this at this moment? Stiles: If I think I heard what he said, historically it has been interpreted that way. You also need to consider what happens if there are several grandchildren, foster children, where do you end the definition of their own children too. Rossman: Well the definition speaks for itself. It says parent or guardian, and whether the person is a parent or guardian that’s a legal issue and it certainly can be – you know there’s no ambiguity in whether someone is a parent or guardian. If they have legal custody of the child, then they’re the parent or the guardian. I don’t think that’s a subject of ambiguity in the ordinance there, but according to Shari if it has been interpreted in the past to include the applicant’s own children, I certainly couldn’t argue with that, and it certainly wouldn’t be inconsistent with the ordinance in light of the ambiguity that is there. MacCoy: Okay, Commissioners, are you ready to make a motion and then a vote? De Weerd: This is still a public hearing. Is there anyone else that would like to comment? MacCoy: Well we’ve already gone through that. Is there a hand that went up I see? Unidentified: I was just going to say – Rossman: Step up to the microphone sir. MacCoy: Identify yourself please. Meridian Planning and Zoning Commission May 11, 1999 Page 8 Rossman: Name and address. DAVE TUCKER, 4014 HARBOR POINT Tucker: My name is Dave Tucker and I live on Harbor Point, 4014. I see why your meetings take so long. I don’t know why you just don’t give this lady what she wants. She’s been asking for a long time. Whatever you decide, tell her that’s what it is and that’s it. Let’s move on. Borup: We were getting ready to do that before you stood up. Rossman: You have to understand it’s not that easy. You don’t just make decisions flippantly without thorough consideration. This is something that we can’t interpret ordinances inconsistently. It may be very easy to just say – Tucker: She is saying she asked months ago. Rossman: Sir, it may be very easy to say give her – accept her application in this position, but then this council has to consider what kind of precedent that’s going to set for the next person that comes through the door. They’ve got to interpret these ordinances uniformly and they’ve got to thoroughly consider each of them, and they haven’t wasted their with this particular application. Is there anything else you have to offer? Tucker: Yeah, I hope the rest of it moves a little faster. Rossman: Well we’ll see. MacCoy: But to answer your question, the reason she was carried to this time was the fact that because of the legal implications the commissioners which are all professional people felt that we wanted a legal decision, so in her behalf which was in favor for her because if it taken the vote before we would have had probably to do something different. I don’t know what it would have been, but – (Inaudible) MacCoy: Well I can too, but we’re also we explained to her last time we were carrying it forward for the standpoint of a legal decision. De Weerd: Mr. Chairman, I have a comment. You know this application came in front of us just last month, so this is the first we’ve seen of it. She has five children under the age of 14, which are all in school but one. When you can only have five kids in a home daycare like she’s applying, we are trying to find the fairest way for this applicant, and in Meridian Planning and Zoning Commission May 11, 1999 Page 9 doing so we needed an interpretation of our own ordinance because as our ordinance reads, she cannot have more than her own kids in her home. So we are trying to be fair to her and giving her that consideration. So that’s what this is all about. We’re trying to find a way that she can care for her friend’s two additional kids. MacCoy: All right commissioners, what about the public hearing? Borup: I move we close the public hearing and let’s move on. Barbeiro: I second the motion. MacCoy: Public hearing is now closed. What’s the discussion between the commissioners if any? Barbeiro: I am inclined to follow Eric’s recommendation that it is interpreted as children that are not her own. Yet the frustration is how do we resolve that with how it has been interpreted in the past and do we have the right to change that interpretation here today? MacCoy: You are going to have to base your decision personally on how you understand the way the material has been read by the attorney, and how this affect this case and it’s up to you to make that decision. Barbeiro: And could you please define if we vote yes, then we vote in favor of her having a daycare in her home? MacCoy: That’s correct, yes. Barbeiro: Thank you. De Weerd: I guess Mr. Chairman the concern is what kind of precedence we’re setting. In this particular case I would like to see this accessory use permit granted, but will the next applicant then have five kids and want five additional kids? That puts it in a whole different category. So can we deal with this Mr. Attorney on a case by case basis. That’s how I would like to see this happen. Rossman: You can’t deal with it on a case by case basis in the sense that you develop an arbitrary standard that is not in the ordinance. For example that someone with one of their children in the home is acceptable but then someone with seven of their own children is not acceptable. The ordinance doesn’t provide for that kind of an interpretation. You have to either decide whether it includes their own children or whether it doesn’t and apply it uniformly. Meridian Planning and Zoning Commission May 11, 1999 Page 10 Borup: What was all the discussion about historic interpretation then? Rossman: Because the ordinance is ambiguous enough that you could decide either way is what I’m saying. There’s not a clear answer that says yes, they’re included or no, they’re not included. My reading of the ordinance is that they’re not included, but if you have historically interpreted it in the way that they are included, then there’s certainly something to be said for uniform application of an ordinance. But the question is whether you include them or you don’t include them. There’s no other ambiguity involved. MacCoy: Do I hear a motion? Borup: Mr. Chairman I move we approve this application for accessory use permit for a family childcare facility. MacCoy: Do I hear a second? Barbeiro: I second the motion. MacCoy: All in favor? MOTION CARRIED: ALL AYES. Borup: I think we would have both liked to have added one – maybe not, I’m not sure what Tammy was leading to. I would like to approve it. MacCoy: All right go ahead. You want to make a recommendation for a correction? Borup: My recommendation would be for no more than four children outside of her own family. MacCoy: For this one here? Borup: Yes, and I believe that’s what the applicant was intending all along. That’s what she said in her letter of application. MacCoy: Okay, do I hear a second his – Borup: So I think that’s consistent with what she was – I don’t know if it’s necessary, but – MacCoy: Well you can still make it that way. Meridian Planning and Zoning Commission May 11, 1999 Page 11 Borup: Yeah, I’d like to amend my motion. MacCoy: Okay, is there a second to the amended motion? Barbeiro: I’ll second the motion. MacCoy: All in favor? MOTION CARRIED: ALL AYES. De Weerd: Mr. Chairman, this is the last hearing on this so we do need to ask for Findings from our City Attorney. Rossman: No, I believe this still goes to City Council. Oh, this is accessory use. Yes, we will do findings. You’re right. De Weerd: Do we need that in a motion? Borup: Yeah. Rossman: It will come back before the Commission. Make a motion that we prepare Findings, and they’ll come before the Commission next month. Borup: Mr. Chairman I make a motion we request the City Attorney to prepare Findings of Fact and Conclusions of Law on this application for approval. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES. ITEM NO. 2: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SHERBROOKE HOLLOWS SUBDIVISION NO.4 (5 SINGLE FAMILY BUILDING LOTS ON 3.98 ACRES) BY GEM PARK II—NORTH OF VICTORY RD. & EAST OF LOCUST GROVE RD: De Weerd: Mr. Chairman, I move that we withdraw number two, the continued public hearing for request for preliminary plat for Sherbrooke Hollows Subdivision No. 4. Borup: Second. Meridian Planning and Zoning Commission May 11, 1999 Page 12 MacCoy: Let me ask the attorney about this one because the letter we received is that they’re pulling it off entirely. Rossman: They’re withdrawing their application in its entirety? MacCoy: Well they’re certainly entitled to do that. I don’t think it’s appropriate to continue it. It’s just a – MacCoy: I don’t either. Borup: Wasn’t that the motion to withdraw it? De Weerd: Yes. Rossman: Just to withdraw it in its entirety and it won’t be brought back before the Commission. MacCoy: No, it won’t come back, so it’s a continued public hearing and they’re asking that they – what they’re telling us they’re solved their problem. They don’t need the thing to go on. De Weerd: Right, so I moved to withdraw. MacCoy: Second on that. Borup: Second. MacCoy: All in favor. MOTION CARRIED: ALL AYES. MacCoy: I’m going to stop here for a moment . I want to ask the question from the audience. We have a full house here. How many of you are here item 15? I suggest that at this moment in time we move item number 15 forward to the next slot so you people can get a chance to get this completed and go home. Otherwise you’ll be here until at least 10:30 tonight. Some of you people are standing up. I don’t think you want to stand that long. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION INC—4200 TALAMORE BLVD: MacCoy: Staff what do you have to say about that? Meridian Planning and Zoning Commission May 11, 1999 Page 13 Stiles: Chairman MacCoy, Commissioners, we have reviewed the application that was submitted. This permit application was required because of the fact that a clubhouse is not a permitted use in the zone. In fact the golf course is not a permitted use in the zone . There was temporary conditional use permit granted for the modular home back in 1982. Apparently the conditions for the future site have just become ready for them to have access to it and have the sewer and water. Those areas are just now being platted. They apparently do have sewer and water to the site at this time. But though the application itself doesn’t indicate the temporary building, it doesn’t indicate anywhere in the narrative that they’re requesting a temporary building. It is shown on the site plan, and so if there was any misunderstanding by any of the people out here that may have reviewed the application and only looked at the written portion of it. It would have been confusing to you, but that’s basically where we stand. We have made comments as far as our recommendations for some modifications to the site, and I’m sure you’ll hear lots of other testimony here tonight about what they would like to see in their neighborhood. MacCoy: Thank you. Bruce, do you have anything? Okay, is the applicant here? Oh, great. All right, we’ll start off the other way then. Not having an applicant present, all those who would like to speak in favor of the request, you can come one at a time forward. JAMES A. YOST 2638 N. SEA COVE, MERIDIAN, IDAHO Yost: My name is James C. Yost. I live at 2638 N. Sea Cove. I would like to speak in support of the operation of the permit to allow them to move their temporary clubhouse to the construction site of the new clubhouse and then we can get the new clubhouse constructed and then the temporary clubhouse can be removed and we’ll have us a new clubhouse and we’ll finally have everything where it belongs having a Cherry Lane Golf Course. I know that it’s been difficult for some folks out there. I think the traffic situation will be much better with the access coming in to the golf course and a parking lot that’s paved and more functional. If it comes in from Black Cat Road. Right now Interlachen is about the only way to get in there. I think the traffic will be much easier on everyone once we get that new parking lot built over there. I think it’s something that needs to be done and I know there’s been a lot of struggle with getting power to the site, working with the irrigation districts, working with the power companies, the gas companies and everyone. I think we’re finally in a stage to do that. I recommend that you support this and allow the operator to get on with finishing up that facility. It will be asset not only to the community that we live in there, but to the entire City of Meridian. I think it will be something that we can be proud of. It will generate revenue to the city and those of us that constructed in the area waited a long time for an 18 hole golf course to be constructed. We waited a long time to move out of that temporary facility Meridian Planning and Zoning Commission May 11, 1999 Page 14 where it is, and we’re anxious to get a new facility constructed and do away with the temporary things and get back to a permanent life there. Thank you. MacCoy: All right, stay right there a moment. Commissioners, do you have any questions of him? De Weerd: I have none. Borup: None. MacCoy: Okay, thank you very much. Anyone else who would like to speak in favor or support of this applicant? Okay, let me turn it around the other way. Anybody here that would like to speak in the other direction? Yes, go ahead. MIKE KESLER 3450 W. WOODMONT DRIVE, MERIDIAN Kesler: My name is Mike Kesler. I live at 3450 W. Woodmont Drive, and I’m opposed to the temporary structure. I’m certainly not opposed to a permanent structure on the new site. I first looked at Cherry Lane Village 11 years ago, and oh you bet. There’s going to be a permanent facility there. It’s going to be there just a few years. Well it was placed in ’82 by this P & Z Commission and is still there and it’s going to get moved again and it may be there for the next 15 years. So maybe whoever buys my house will have the same cherishable rights that I’ve had just dreaming about a new clubhouse. If it is moved, I think there should be some very strict requirements that is replaced within “x” months. I certainly wouldn’t go out years. It only takes about two hundred days to build the clubhouse. If they can build a house in 120 days, I’m sure they can build a clubhouse in 200. So I’m opposed to moving a temporary facility. I suggest that the person that individuals or company that has the use of that the rights of that golf course proceed with a permanent clubhouse to match the rest of the zoning in that area, which his permanent. We do not allow movable residences in the areas. So why should we have a movable clubhouse? MacCoy: Good point. Borup: Mr. Chairman, I have a question. Sir, then are you proposing to leave the temporary trailer where it’s at until the new clubhouse is built or close down the golf course? Kesler: I don’t know when they have to have that build by. Borup: I’m not sure, but they need to operate out of something. What’s your proposal besides – I understand what you’re saying. Let’s not have another temporary thing there for going on forever, and that makes – Meridian Planning and Zoning Commission May 11, 1999 Page 15 Kesler: There is a temporary you know to meet other – I can’t understand why the planning was done for the other plat before this was done. I guess I could ask that question, Mr. Borup. Meaning it’s kind of the cart before the horse. It’s almost like the residents out there you know you’re dog gone if you do and dog gone if you don’t. Borup: Well no that’s what I’m trying to figure out is what do you see as the ideal solution to keep the course operating while the new building is being built? Kesler: Certainly and I think the thing is that there is a restriction of no more than so many days and certainly less than a year to have normal construction done. We’re coming up on the prime construction months as you well know. MacCoy: We don’t disagree with that, but we’ve understood that I’m going to have the applicant has been called. He’ll be here quickly that Steiner Corporation which owns that property has asked them to be moved out as of the last of April and now we’re into May already and we’re living or they’re living on a borrowed time situation. That’s the reason the temporary situation has come up to light because now – Kesler: How long ago was the occupant notified that he had to move? MacCoy: I’m not sure. I’m not sure of the details. I was hoping that they would have somebody here that can answer that question because I hear various things. Kesler: It’s a good way to chase the commission. MacCoy: Well we look at it as this is a new commission compared to what the date on this thing is because they’ve had this thing in operation 17 years, and we’re wondering come it took them this long to wake up the fact that they had to get moved, so we had our problems too. Kesler: Right. MacCoy: Okay we’ll get some answers. Thank you. Barbeiro: Mr. Kesler, I had a question for you. So that I can clarify your opinion, you do not object to the moving of the temporary clubhouse to its new location on the premise that a permanent be in place within one year. Kesler: Less than one year. Barbeiro: Okay thank you. Meridian Planning and Zoning Commission May 11, 1999 Page 16 MacCoy: I understand now my message that the applicant is here. Will he come forward? He or she, I don’t know who is going to speak. Is Wally here? WALLY LOVAN LESSEE OF CHERRY LANE GOLF COURSE, MERIDIAN Lovan: I would like to try to answer the question someone has. I came here this evening to ask for a temporary permit to move the clubhouse existing clubhouse to get our parking lot going. That is the number one thing to move the clubhouse. We have to have the parking lot done and to also start construction of the new clubhouse. I would like to have Mr. Dick Brown be my speaker. He knows all these things. He’s been working with me for almost a year now. He is a surveyor and has a company that does some of the engineering for him so he’s very, very knowledgeable of the technical things that you people might want to ask. I’d be most happy to try to answer any questions that anyone has now. De Weerd: Mr. Chairman, I guess I would just have a question as far as what is your time frame? Lovan: My time frame right now here the first of March, I had all my subcontractors already lined up. Borup: Have you applied for a permit? It looks like you got a full set of construction plans. Have you applied for the building permit yet? Lovan: Yes. De Weerd: No, I just wanted to know the time frame when you think construction will be completed. Lovan: I would say within four months of the date of starting. De Weerd: And that’s the parking lot and the building itself? Lovan: Yes. De Weerd: Okay, that’s the only question I had. MacCoy: Okay, Mr. Lovan just to clarify in my mind here, I have read some material and I have heard about some of this where you presently have your trailer, Steiner wants that land back and he indicated that he had given you an eviction notice the end of April. Lovan: Yes. Meridian Planning and Zoning Commission May 11, 1999 Page 17 MacCoy: And you’re living on borrowed time now. Lovan: I am. MacCoy: Is he willing to let you sit there a little longer because I hate to move a temporary unit. I’d like to see you build the new unit where it is and we don’t have to fiddle with the temporary unit. Lovan: I would prefer not to move the unit. I’m not sure that he would wait as long as another four months or so. MacCoy: He wants that land back I guess to build on is what he’s talking about. Lovan: He has already started part of the construction. MacCoy: Oh, he has. Lovan: He’s constructing the roadways now. MacCoy: I’ve seen equipment out there. I was wondering what was going on. So the reason you’re asking to move your temporary operation is because the very fact that he wants you out of there and otherwise you would be preferred to stay where you are until you finish your final building, right? Lovan: Yes. MacCoy: Okay, I just wanted a clarification. Lovan: One of the reason the clubhouse itself is now sixteen, seventeen years old, but it is wired so that we can do our rental carts, and all we have to do is move it and have it hooked up and we can service in all our rental carts. We have 52 rental carts now. MacCoy: We’re working to actually a legal case here from the standpoint that you’re going to have to move it because of the owner of the property says you must be off of it. Lovan: Yes. MacCoy: So that’s the reason the board will have to look at making a temporary change to a permanent change. Okay, can Mr. Brown come forward? Meridian Planning and Zoning Commission May 11, 1999 Page 18 Borup: Mr. Chairman, maybe I’d like to just reiterate maybe what Mr. Lovan has said. At this point, your application, your building permit is applied for. Is it ready? Have they approved it yet or are they still reviewing? Lovan: I really don’t know. Borup: But it’s in the process? So it’s your intention then would be to start construction as soon as you have approval from the city to begin? Lovan: Yes. My number one thing is to get the parking lot done, and we have all the plans in. We have the – Borup: You need that done to even use the temporary building. Lovan: Yes, right. Borup: And then as soon as the city has approval on the plans and the building permit received then you’re ready to start immediately on construction. Lovan: Right. Borup: I think that probably would answer a lot of their concerns that other people here have. Lovan: I guarantee you that as soon as we get the new clubhouse open that we will get rid of that mobile home. MacCoy: Commissioner Borup, we have a staff comment coming up here. Borup: Okay, I think that is all the questions I had. Stiles: I just wanted to clarify for you no building permit has been submitted for anything on this project. The plans we got the revised plans that you got in your packets which are dated May 1999 we got Friday. So this has not gone – they would need to have a certificate of zoning compliance before they could start processing the building permit application, and they can’t get a certificate of zoning compliance unless they receive a conditional use permit and they comply with those conditions. Borup: So you’re saying they can’t even turn it in until it gets through this process? Stiles: Right. Borup: Okay. Meridian Planning and Zoning Commission May 11, 1999 Page 19 Stiles: Once it gets through your possibly once it gets through Planning and Zoning Department, it goes to City Council prior to findings. There’s a possibility that they may consider starting to process it based on all of the conditions of approval but we don’t know what those conditions are right now so we can’t issue a certificate of zoning compliance. Borup: That makes sense. So you’re saying if everything looks good, they could maybe start on the parking lot. Perhaps not the building, but get the parking lot going. Stiles: Well at least once they get through at least through the council at their public hearing. Borup: Right, okay. Stiles: Which normally we would wait clear until the findings were done and approved so that would save them some time. Borup: So the faster this gets approved, the faster they can start building. De Weerd: Shari, does that mean probably July until it gets through the process? MacCoy: It’s hard to tell. Stiles: It could be June or possibly the first meeting in July. De Weerd: Okay. MacCoy: All right, can we have Mr. Brown come forward please. Lovan: I would like to ask one question. If we cannot get this done and Mr. Steiner gives us an eviction notice, what do we do then? How do we operate the golf course? MacCoy: Well that’s what we’re trying to work out for you from our side here, so we’re not disagreeing with you. We’re trying to get the job done for you in the proper format. DICK JOHNSON Johnson: My name is Dick Johnson. Dr. Brown is my golf partner. My address is 9225 Chinden Boulevard and I can try to answer any questions you might have or we can go through the conditional use permit whichever you wish. MacCoy: The items that – you’ve received the staff’s comments? Meridian Planning and Zoning Commission May 11, 1999 Page 20 Johnson: Yes, we have. MacCoy: Okay, all right let’s start with those. Johnson: On the CU comments themselves, we have no problems with items 1 and 2. Item number three, the sewer and water, if I may put my glasses on here. No utilities are shown on the site plans and how the temporary structure will be serviced (End of Tape) Johnson: …permitted, installed, inspected and all approved prior to this meeting. It happened about three months ago that we put in the utilities for the temporary clubhouse structure. The gas, power and telephone are not in place. They are pending the power company’s time table. The telephone company has said they would put in a temporary phone for us. Item number four we have no problem with. Item number five as far as signage, there is a sign proposed on the drawing. It’s a 4 x 8 redwood sign. It is out of the site area for the traffic. There again it would be four foot high. A request will be made for a future sign at the intersection of Talamore at Black Cat Road which we anticipate to be a stone an engraved stone set in the median there if we can get that approved. There’s an existing sign on Cherry Lane indicating where the present clubhouse is. We would like to leave that in place for sixty days. That would give us time to notify the public that the clubhouse has been moved. And drainage plans for item number six are complete and ready to be submitted. We’re just holding under the outcome of this meeting. MacCoy: I’m looking for a diagram of the sign. Johnson: Oh you want to see a picture of the sign? MacCoy: Yes. We need that to take a look to see what you’re going to say. Johnson: Yeah, it just say Cherry Lane Golf Course. MacCoy: We have to know how big and what it looks like and so on. Johnson: Okay. MacCoy: Go on. Johnson: That was under conditional use comments for general requirements. There again for items number one, irrigation ditches what have you, we agree with that. Item number two domestic wells, we agree with that. It’s not applicable for this project. Number three the off street parking will be provided in accordance with the local Meridian Planning and Zoning Commission May 11, 1999 Page 21 ordinances. We concur with that. The parking lot, landscaping, lighting, drainage, traffic flow, what have you are all designed and ready for submittal. Items 4, paving and striping, we agree with that. That is shown on the plans. Borup: Mr. Johnson, I don’t want to interrupt you, but at least for my benefit, I would rather you just went through and mentioned items that you maybe didn’t agree with. Johnson: Items we don’t agree with. Borup: Or something you had a concern with because we’ve read all the others, so if there’s any -- Johnson: Site specific, I had one question on the 45 trees required. In a previous conversation with Shari Stiles, we talked about the tree count including the area around the clubhouse lying east of the Eight Mile Lateral, and I wanted to make sure that was still part of the tree count. Stiles: If we can count what is shown on the plan, east the Eight Mile Lateral takes in a lot of territory over there, so – Johnson: No, only within the bounds of the project. The line shown in there, Shari. Stiles: If they meet our requirements for a three inch caliper tree. The spruces would not be included as meeting that requirement. They need to be at least six to eight feet high. No conifers of that size, three inch. Johnson: We have no problems with that. My next question would be with the sidewalk. There’s a comment in here about installing number 8, providing 5 foot wide sidewalk in accordance with the city ordinance. This project is already part of the Lakes No. 4 Subdivision and they are required to put in curb, gutter, sidewalk, full street restoration through there. We are prepared to get with them and widen the sidewalk to five feet. That’s not a problem. Borup: They should already be five feet. Johnson: Pardon? Borup: Aren’t they already five feet? Johnson: The ones on Talamore are. Talamore is constructed. On Harbor Point Drive that is not constructed. The plans were signed February – Meridian Planning and Zoning Commission May 11, 1999 Page 22 Borup: Okay, you’re saying that the developer is putting in streets, curb, gutter, sidewalk and you’re doing the developing within the site. Is that what you are saying? Johnson: The developer of the Lakes – Borup: Yes, is doing all the roads. Johnson: Yes. Borup: Okay. MacCoy: He’s required to put in five foot as it is. Barbeiro: Mr. Johnson, when will the W. Harbor Point Drive be operational? Johnson: I tried to find that out today, but they didn’t have a time schedule that they could tell me. Hopefully – Barbeiro: Within a year? Johnson: Oh, yes. Plans have been approved and everything. They just preparing for construction now. MacCoy: Okay moving on what else did you have comment? Johnson: We don’t have a problem with anything on that. I just wanted to clarify the points on the tree count and the sidewalk. As far as Mr. Lovan's comments about when we’re ready to start construction, the parking lot is designed, ready to submit this week upon approval of that, we’re ready to start paving. Like I said we have the underground utilities in for the temporary site and there was a comment in there about six months maximum for the temporary clubhouse. We feel that’s more than enough. MacCoy: Okay you’re saying that you wouldn’t have to have it that long in other words, right? Johnson: Well we would certainly hope not. It depends on the approval process. MacCoy: I understand that yes. That’s the part you can’t control and neither do we. Johnson: And how soon he gets kicked off the current site. MacCoy: Yeah, I realize that. Meridian Planning and Zoning Commission May 11, 1999 Page 23 De Weerd: Mr. Chairman, one other comment I would like Mr. Johnson to remark on would be the fire chief’s comments. Johnson: Regarding the fire hydrant? De Weerd: Uh-huh. Johnson: There’s an eight inch currently stubbed out to the property line. That eight inch in order to be taken over to the east side of the canal has to be engineered showing the valve structures and the bends in the pipe. Once the pipe is over there we just put the fire hydrant on it right there and then once the clubhouse is actually operational we remove the temporary clubhouse then that eight inch line will connect to the existing clubhouse with the backflow prevention valves and we’ll have sprinklers in the clubhouse. De Weerd: But you will have an adequate hydrant for the temporary? Johnson: Yes, yes. MacCoy: And you understand the requirement for sprinklers in the building? Johnson: Yes. MacCoy: Basement. Johnson: Yes, it will be throughout the building both levels. MacCoy: That’s for your protection as well as the code. Johnson: Sure. MacCoy: You got anything else on that? Staff, do you have anything at this moment? Freckleton: Mr. Chairman, members of the commission, I just wanted to make a couple of points of clarification. Site specific comment number three, we talked about repayment of late comers fees. I learned today that the clubhouse area was not included in the late comer service area, so they will not be subject to those fees. So just want to clarify that point and then on site specific item number seven the sidewalk – those sidewalks are included in the planning for Lake at Cherry Lane No. 8 so they will be built. Johnson: That’s correct. I did say number four, didn’t I? Meridian Planning and Zoning Commission May 11, 1999 Page 24 Barbeiro: Mr. Johnson, assuming that you had a building permit tomorrow, how quickly could you have parking and clubhouse constructed and ready for operation? Johnson: If we had the building permit tomorrow, the contractor is prepared to start tomorrow on the parking lot. Once the parking lot is in place, we can move the temporary structure over. We’re ready to break ground if funding is available and you know we have to have the approval of the actual building plans, but then we’d be underway and we are hoping for four months from beginning to completion. Barbeiro: 120 days of construction from – that’s for the building alone. What I’d like to know is it’s a bare piece of land now, parking lot, clubhouse operational. If you had your building permit tomorrow for everything. Johnson: Maximum five months. Barbeiro: Thank you. MacCoy: Staff do you happen to have a set of drawings yet other than the stuff we have right now? Okay how soon will we – Johnson: Which drawings is that, sir? MacCoy: Well all I have so far is this set right here which is very difficult one to read. I am looking for a set of drawings that we can take a look at, the building material, the structures and everything else. So I’m looking for when can we see something like that? Johnson: We will approach or get a hold of the contractor or the architect right away and ask him for a full set of 24 x 36 (inaudible). MacCoy: Ship them down to the Planning and Zoning Department. Johnson: Oh yeah. MacCoy: All right thank you. You can take a seat I guess now at this point. All right, where were we? Is there anyone else that would like to make a statement for this? Let me go back to that point right now since we interrupted our run. Okay, anybody else here would like to make a statement to in the opposite direction against this operation? PAUL NEWCOMB 3837 W. HARBOR POINT DRIVE, MERIDIAN Newcomb: I’d like to make several points on this. I’d like to start when I first received the notice from the City about this hearing, I concocted my own letter and spread it out Meridian Planning and Zoning Commission May 11, 1999 Page 25 amongst the area residents and spoke with numerous residents and request they give me their written were they not able to make it to this meeting. I’d like to submit these to the commission for your perusal at a later date. Now absolving myself as the spokesman for those people, I’d like to change my hat back to Paul Newcomb, zealot and make a few points here. The contract between Cherry Lane Recreation and the City of Meridian was nudge, nudge, wink, wink signed on the 3rd day of October, 1978. I believe at that time the director of Cherry Lane Recreation probably had an inclination that he needed a structure to operate out of and a conditional use permit was let in 1982 allowing the current trailer house to be sited at its current location and for the last 17 years, the trailer house has been the primary operating facility. The information that was given by Cherry Lane Recreation tonight makes me extremely concerned. They seem to be very evasive as far as a start date. The question that was posed to them numerous times was how long from the day that you have your building permit in hand, how soon will you have a structure made. Well it depends on funding, it depends on this, it depends on that. I would question the commission on a couple of issues. I’ve reviewed the conditional use permit. There is no mention in it anywhere of a concrete time line. They will have the temporary structure out in 120 days. They’ll have the temporary structure out in 180 days. There is no mention of that anywhere in the conditional use permit. Borup: Mr. Newcomb a permit hasn’t even been issued yet. Newcomb: In the application, excuse me. Borup: This commission would put restrictions on it. Newcomb: I understand that. It just occurs to me that this process has been drug out seventeen years through conditions and circumstances which Cherry Lane Recreation has really done nothing to mitigate and it would very much be my request that were the commission to approve it that they put extremely strict time lines and if possible a monetary bond be put up or a monetary fund be enforced should that time line be violated. My personal preference is here is that the City take the opportunity to right a wrong that was written on October 13th of 1978 allowing me a moment to read the paragraph three from the agreement of lease between the City of Meridian and the Cherry Lane Recreation regarding rental. In lieu of paying any monetary rental until the second nine hole golf course is constructed and leased to the lessee, lessee shall at its own cost and without any obligation liability or indebtedness of the lessor, and within a reasonable time operate, conduct and carry on a golf course upon the leased premises for the use and benefit of the public generally in accordance with the objects or purpose of its incorporation. Lessee, meaning Cherry Lane Recreation shall pay the sum of $6,000 per year in advance as rental. This annual payment shall first become due on the first day of October next following the date upon which an additional nine hole golf course shall have been constructed by or on behalf of lessor and leased by it to lessee Meridian Planning and Zoning Commission May 11, 1999 Page 26 herein on substantially the same terms and conditions as contained in this agreement. Since the day the Cherry Lane Golf Course was opened, Cherry Lane Recreation did not pay the City one single dime in revenue in any way, shape or form. It was not until the second nine was opened up that the rental clause in the lease actually came into effect, and I believe that was September of ’97. Would someone please correct me if I’m wrong. I believe that we as a city have the opportunity to correct this wrong. I can tell you the obvious not having figures to recite, but having researched it to some degree, $6,000 for an 18 hole golf course is a lease payment that anyone would love to have, myself included. But it’s not realistic for a municipal golf course to only be receiving $6,000 in rent. I would request that the Commission deny the conditional use permit application, allow the golf course the current lessor to be evicted from the temporary facilities, allow the golf course to be shut down, which would cause the lessee to be in default according to paragraph nine page 4 of the agreement of lease and at that point, the City would be able to take over ownership and management of the Cherry Lane Golf Course and receive the monetary reimbursements that are due with an 18 hole course for the City. Any questions? Borup: Just a comment. Do you realize you’re talking to the wrong body? We don’t have the authority to – Newcomb: You do have the authority to decline – you have the authority to recommend that the conditional use permit not be granted. At that point then it’s up to the rest of us to go to the City Council. Borup: It goes to City Council and they’re the ones that negotiated the lease and the whole thing anyway. Newcomb: I understand that. All we’re looking for is your recommendation that the conditional use permit not be granted. Borup: So your recommendation is to shut down the golf course essentially. Newcomb: No, my recommendation is for you to – Borup: I mean your preference is for the golf course cease business and a new – Newcomb: My preference was to allow the golf course to shut down to correct an error which could have been fixed 17 years ago, and allow the City to number one take control of the revenue which the golf course generates. Borup: Again those are issues that we can’t address, so as far as (Inaudible) Meridian Planning and Zoning Commission May 11, 1999 Page 27 Borup: You’re asking us to deny the request. Newcomb: Yes, I am. Borup: Okay, thank you. De Weerd: Mr. Newcomb, what would that – your recommendation to deny based on what? Newcomb: Based purely on the fact that the city has the opportunity to – De Weerd: I know but we can’t take that into account. We can’t look at those factors. What is your recommendation? Newcomb: Cherry Lane Recreation had a conditional use permit granted in 1982 that is 17 years ago. Cherry Lane Recreation has a history of ignoring the obvious. They know the conditional use permit is conditional. They have ignored the obvious that they need to have a permanent structure. Not until they received an eviction notice from their landlord did it actually inspire them to actually do something to mitigate the problem. It is my opinion that given the opportunity Cherry Lane Recreation would move the trailer house to the end of what is now number two and leave it there for another 17 years. I would recommend that this commission does not take Cherry Lane Recreation’s application as it currently stands. As there is no enforceable way to prevent them from leaving it sit there for another 17 years as the application is written, there is no enforceable way to prevent them from leaving the temporary structure there for 17 years. MacCoy: Let me tell you a little bit here. We have the date that you talk about. We have it in stacked here. We have the history, we have everything and this commission is a different commission than allowed this to happen before and we have been in consultation for the last couple of months on the legality of all this and how we can straighten it out. We agree with a lot of the people here that it has been 17 years. That should never have happened, and so we can’t talk about the history. We can talk about the future and that starts now. Newcomb: I am merely that as the P & Z Commission, you have an opportunity to make a recommendation to the City Council and then you leave it to us to go to the City Council and make our views known to them in the same light. MacCoy: And you will because that’s the way the system works. Newcomb: Yes. Meridian Planning and Zoning Commission May 11, 1999 Page 28 Barbeiro: Mr. Newcomb, speaking from the present and the future, it’s fair to say that you have little faith in the word of Cherry Lane Recreation. Newcomb: Yes. Barbeiro: Your recommendation is not necessarily one that is operational, but one that is procedural. It is your recommendation and correct me that we decline the temporary use permit, that procedurally that would not allow the golf course to continue operations under the lease with Cherry Lane Recreation. At that point Cherry Lane Recreation would be in default of the lease and would allow it or open it up to either the City or other bidders to be – Newcomb: According to the lease, if the lessee is in default, it automatically reverts the City’s ownership and management. Barbeiro: Okay that opens it up to either the City operating it or the City putting out to bid shall we say and which would also allow Cherry Lane to be amongst the bidders to operate the facility. Newcomb: Correct. Barbeiro: Thank you. Rossman: I think it’s important before we have any further testimony to keep this proceeding from exploding into issues that are not relevant for this proceeding, and relevant issues for this proceeding are whether or not this application for a conditional use permit for a temporary clubhouse and a permanent clubhouse comply with the Meridian Planning and Zoning ordinance and are compatible with the standards set forth within the ordinance regarding conditional use permits. Whether or not the golf course is an efficient outlet for the City of Meridian is not a relevant issue for this proceeding. Is the clubhouse and the application consistent with the standards and the ordinance are the only relevant issues in this proceeding, and obviously delay as to whether or not they are going to actively construct this facility once the zoning is permitted and the building permit is issued is certainly a relevant issue. (Inaudible) De Weerd: Mr. Kesler. MacCoy: Do you want to come forward here? (Inaudible) Meridian Planning and Zoning Commission May 11, 1999 Page 29 MacCoy: Wait a minute. You got to get up to the mike here, because it’s got to be (inaudible). Kesler: Okay, just one question. You were going to wait to answer and that was when was the eviction notice provided to the present tenant? MacCoy: You’ll have to ask them, but my understanding was that it was in the month of April and it gave the date as the end of the month of April. I don’t know when they received it. I don’t have that information. Rossman: The City didn’t issue that notice, sir. MacCoy: Steiner issued it because it’s their property. Kesler: Okay. MacCoy: All right come on up here. Tucker: I agree with Mr. Newcomb, but what I’m concerned about is the parking area. It shows an entrance or exit on the W. Harbor Point. I don’t know if you have the same drawing. MacCoy: Excuse me, would you state your name again for the record. Tucker: Dave Tucker and I live at 4014 W. Harbor Point. This schematic that I have of the – is this what you have? It shows the parking area and the main entrance is on the boulevard, the Talamore Boulevard, but it shows another entrance or exit on W. Harbor Point. What I would like is that eliminated because on W. Harbor Point, there are retirees and down the street if people go that way and there will be a lot of traffic. There’s a lot of little kids down there. But if you eliminate that entrance or exit from that parking area on Harbor Point, all traffic will be on the boulevard. MacCoy: Okay good point. Tucker: Very good point, thank you. Borup: I have a question Mr. Chairman. Yes, you were saying there’s – where are the residents on Harbor Point? I assume that it’s further down the street north and east. Tucker: If you go east on Harbor Point, there’s no homes right there just east of the canal yet, but there will be. But as you go east on Harbor Point, there are a lot of retirees who bought homes – Meridian Planning and Zoning Commission May 11, 1999 Page 30 Borup: Well I guess my question would be why would that other exit put more traffic on W. Harbor Point? Tucker: I’m saying if you get rid of that, there will be no traffic on Harbor Point. Borup: Well yes it intersects down there with Talamore. The same cars can still go. Tucker: Right, but that’s the boulevard and they will be heading out towards Black Cat. Borup: And so if they turn in on Harbor Point, they won’t go to Black Cat if that’s where they want to go? Tucker: Well they may, but they might turn right too, so what I’m telling you is as a citizen I don’t want that there. Borup: Well I’m saying it’s not going to make any difference. People are going to go where they want to go. Tucker: Yeah, that’s true. Borup: And if someone lives on W. Harbor Point, they are not going to drive to Black Cat and come around – Tucker: I’m not talking about the people that live there, and I think you know that. Borup: But people are going to go the shortest and most convenient way, and whether they have to come out on Talamore and circle around to W. Harbor, they are still going to go there and I don’t know, maybe I – there may be some – I think there’s probably some other issues on the amount of exits that are required on a project this size. MacCoy: Yes, I think there is. We have to take a look at that, but he’s raised the question so it’s fine. Borup: Most of the homes are to the east though. Is there anything directly across the street was what I was wondering really. Tucker: On Harbor Point? No. Borup: Okay thank you. MacCoy: Anyone else? Meridian Planning and Zoning Commission May 11, 1999 Page 31 SHIRLEY TUCKER Tucker: My name is Shirley Tucker and I’m at 4014 W. Harbor Point, and I just want to clarify something that my husband had brought up. What we’re talking about is on W. Harbor Point Drive all the houses face the road. We have a setback of I don’t know what it is. MacCoy: About 20 feet. Tucker: Yeah. We all face the road. We have children, we have family things going on there. Talamore does not have any houses facing the road. It’s a boulevard. It’s all just a greenway through there. What we were thinking is if they could open up if they closed this and open up another exit here, it would naturally flow all the traffic or the majority of the traffic towards Talamore and back on Black Cat. Now you get someone who lives there, they’re going to be aware of the way the houses are on W. Harbor Point Drive and they will go slow. We have a problem with speeding now, but it’s mainly the construction guys. So we’re kind of looking at people who get lost, people who you know, it’s a very easy thing just to come in Talamore and if the exit flows back out Talamore, they won’t get lost where it goes out Harbor Point, they’re going to sit there and go now which way did I come in? I don’t know maybe men don’t do that, but women do. And so we were thinking that it might just be a better traffic flow if you had them come in and go out another exit right on the same boulevard where there no houses facing and less chance of children running out there. Thank you. Any questions? MacCoy: I guess not. Thank you. Anyone else would like to speak at this time in our open public hearing? JACK FROST Frost: My name is Jack Frost. I live at 2200 Oak Hills Drive. I’m wearing two hats here tonight. The first one is I’m president of the Cherry Lane Homeowners Association 3, 4 and 5, which is (Inaudible) and Oak Hills and Woodmont and (Inaudible) and Birdie Drive and Tupelo and all that area in there. Speaking for the president and not of all the homeowners, what I’m concerned about is making sure that we do have a professional and good clubhouse and outbuildings that are new. That’s our biggest concern so that our property value stays the same, not increases and it’s a beautiful area out there and we want to keep it that way. I know there are new homes going in on Lake Harbor or—I think that was the street and on Talamore and all that area out there. We do—we are concerned about that and want something professional in there. A long time coming and we’re glad to see the clubhouse is going to be built. My other hat is an individual on Oak Hills Drive. I do approve and would approve a conditional use permit, but I do not approve of moving the trailer house over there. I don’t even see how it’s going to Meridian Planning and Zoning Commission May 11, 1999 Page 32 make it when they (Inaudible). To answer the question, what’s the alternative, I don’t know what the alternative is. He’s had 17 years to think about this and so that’s—I don’t know, but if you do approve it and let him move that trailer over there, there better be some restrictions for removal within 60 days, or whatever. I’m with the gentleman who was up here earlier. If there—if he does not comply with the building conditions in four months, or five months, whatever it is, but that (Inaudible) clause be included. It’s a long time coming, nothing personal against Mr. Lovan, I like Mr. Lovan and a lot of people that work there, but I think we ought to move on and let’s get that sucker built and make it professional. MacCoy: We agree, maybe to ease your mind, one of the things I just asked for earlier was the drawings because we agree collectively that we want a quality place out there, if we are going to have a house, let’s make it right. Frost: Yeah, Mr. Lovan showed me the drawing and it looks real nice. MacCoy: Yeah, we still have a lot of questions yet. We are going to be looking at it pretty tightly. Any other questions for him? De Weerd: I have none. MacCoy: Any other person out here who would like to feel inclined to come up and say something? Come ahead. GORDON MARGULIUX, 2040 INTERLACHEN WAY, MERIDIAN. Marguliux: I’m actually less than 50 feet from the clubhouse right now. My concern, I just got here, I don’t know what else other people have mentioned. My sole concern right now, because it’s actually to my benefit because the traffic will cut down drastically. We often have traffic parking on our street for the golf course, so I’m glad to see they have a lot of parking over here. There is a lot of things that they’ve done well, but my concern is the noise that will come from the new clubhouse, not in the sense from the golfers, but from the sense—the fact that they have a new clubhouse and will want to have things in it like parties and things like that. Over the course of ten years where we have lived we have had a couple instances where the golf course has had parties and in those cases we’ve felt the brunt of the vindictiveness of the Lovans for our concern about the noise that they generate. A number of times we’ve had to go out there after midnight to ask them to turn down their amplifiers, and we’ve done it nicely, we’re not ranting and raving out there, but we have gone down and found Wally and asked him. I’ve had, I’ve felt the vindictiveness the following day from Wally, my kids have felt the vindictiveness, my wife has felt the vindictiveness. At one time, they even had a wedding which the police came, we didn’t call them, but the police came and had to break it up because of a fight between the bride and groom, but what we did in each Meridian Planning and Zoning Commission May 11, 1999 Page 33 case, the following day or following week, we’ve gotten some (Inaudible) from the Lovans showing their discomfort with our apparently in being there, as in the case with the wedding, which we didn’t call at all. There is no as far as I know, no noise ordinance in Meridian—there is now? We called on the second time, since they didn’t seem to want to do anything about it. We called the police and they told us that there was no noise ordinance and because they owned a liquor license they could go a lot later than 12:00. So my concern is that in the middle of the summer time when the weather is really nice out there and they open the doors and they come onto the golf course and the band is playing and the school children who have to go to Chaparral, a year round school and trying to get some sleep and they could care less. This is an open golf course, there is no barriers. They are going to build this thing six feet above the ground. My fence can’t be over six feet above the ground, but they are going to put this thing six feet above the ground and taper it off in the direction of the golf course, or across these houses. I can throw a golf ball from where they want to have it over to the first house on Lot 18 on Harbor Point. My concern is that they don’t care, they haven’t cared in the past, and they won’t care in the future and if you give them a nice golf course clubhouse, they will want to do that. What my proposal is that they use sound deadening material which is not specified right now in there that they make the windows smaller, they have big pane glass windows which will just carry that sound through there, that they will have a curfew that at 10:00 which is not unreasonable, that 10:00 there will be no outside activities at the golf course, I don’t care if they play golf, that’s never been a problem, but I think if you look at the plans, their plans are set up with a dining area that faces that lake, which there is no noise barriers there. All they have that keep—is used as a buffer, they have three trees, three inch diameter Ash trees that they are going to have in there. So that’s my concern. Any questions? MacCoy: No, anyone else? Come ahead. DICK JOHNSON. Johnson: I just have, I have to comment on a couple of things that have been said. It keeps coming back to the 17 years of this clubhouse being there. In 1982 at the Planning and Zoning Commission hearing, Mr. Lovan said he would move that clubhouse the day the road was in and utilities were there, that happened in 1997. We have taken a year to do the design. We are ready to start. The parking lot was not owned by the city until 1995. Therefore, no construction could have been started in there prior to that time. Parts of the clubhouse site (Inaudible) were not deeded to the city until 1997. Thus establishing a complete clubhouse site. Just one other thing about that old clubhouse, believe me, Wally and every player out there wants it gone as soon as possible. Once we are allowed to start our construction, we will get in there and we’ll get it done and we will get rid of that clubhouse. Meridian Planning and Zoning Commission May 11, 1999 Page 34 Borup: Mr. Johnson, the site that this application is for, is that the site that had been planed for the clubhouse from the beginning? Johnson: Since 1975, yes. Borup: Okay, so it was just waiting for the roads to get in? Johnson: For the roads to get in place and the infrastructure as far as power, sewer, water, that became available in the fall of 1997, we started on the project in 1998. Borup: So this was the original site that was planned all along? Thank you. Johnson: Yes, we just didn’t have parking or the area for the parking lot. MacCoy: Somebody back here wanted to have a say. LOREE LOVAN. Lovan: It’s probably not for the benefit of the commission here, just for my own knowledge, I work with ReMax professionals, we’ve had to have party permits and noise permits and that. There is a noise ordinance at 11:00 P.M. So I just wanted to clarify that for those of you who don’t know—if a permit is issued by the police department, that is when you shut down and that’s when we have always shut down out there, if not before, as in the case of the wedding and that was a half an hour before at 10:30. MacCoy: Anyone else at this point? Do you see anybody else? Here comes Mr. Grant. GRANT KINGSFORD, 4304 W. WHITEASH, MERIDIAN. Kingsford: With regard to—I didn’t come in at the very beginning and I don’t know everything that has been said, but this has been a project that has been a pain in the butt probably for everyone involved. For most the people surrounding the golf course, and I can assure you it was a pain in the butt for myself. We have a situation here that in 1977 when the first nine was built, the developer was going to build a clubhouse and he was going to exercise his options, build the next nine all of which would be deeded to the city. At that time, I had just got elected to the council, I didn’t start to serve till that January, this was in November. The economy went up side down, and that developer bless his heart went back to Seattle, which I could think of a few places that I would’ve rather he gone. But any event, the project was never able to be built, the clubhouse and those sorts of things because we didn't own the land where it needed to go. Mr. Borup is exactly correct, it had always been planned and designed to be where it is Meridian Planning and Zoning Commission May 11, 1999 Page 35 going to go now. We didn’t have those other nine holes and the area that the clubhouse will occupy, those things didn’t take place until 1997 and 1998. Really the Lovans nor the City of Meridian had an accurate legal description as to where it went until this year. So to have that project go forward, while everybody has been frustrated, I think the Lovans have been as frustrated as anyone. Certainly, of the things that I tried to do while I was at this city, I’ll have to admit this was the most frustrating. It was a situation where the city owned a piece of land, we had a developer with the original nine that had some control over that, the Aires to Lewvitt—NuPacific, you had a pair of old farmers that owned some land, you had developers that then optioned those pieces of land, some of those options had switched hands during that time. I’ll tell you, if you could have a legal and real estate nightmare, there is one there, but I don’t think you can hoist that off to the Lovans. I think probably if there were errors made, maybe the city made them. When we annexed that property, the design was to be annexed for a golf course, that whole section of land was designed, prior to my occupation with the city, while I was teaching school here but hadn’t moved into town, it was designed and annexed to be a golf course, an 18 hole golf course. The owners of the property that is now being developed as the back nine both came to me and said the development, the economy is up side down, let us build some other things, let us have a nursing home, let us have a hospital, let us have a racquet and swim club and I said let us have what you annexed the property for, a golf course. So we stuck to our guns and finally some twenty plus years later, we have an 18 hole golf course. Hopefully, we can have a clubhouse that people can check in and have a sandwich, on rare occasion maybe have a beverage after they played. Certainly an issue, let’s not be pointing fingers at who is to blame, probably I would like to point fingers at attorney’s, I always like to pick on them. Surely, don’t like him and I don’t even know him. I used to sit up here and really bash him. I’ve gotten out of that habit. I think what we have is a situation where we have new legal counsel in the city and the reason that the lawyers do so well is there is so many of them. We used to have one in town, boy I tell you he could barely live and they got two and they did a little better and now my God, they are doing real well. I think the issue is now we have a different legal counsel and they are saying the zone is not right. It was right as early—as recently as a year ago, but we have a different attorney. So things have changed, so don’t be pointing fingers at each other, let’s get the damn thing zoned and built. Thank you very kindly for your indulgence. MacCoy: Is there anyone else who would like to add to this? De Weerd: Was Mr. Kingsford for or against? MacCoy: We are trying to get this thing finished correctly, go ahead. Lovan: I would like to get this thing consummated too. It’s been one of the most frustrating things I’ve ever had happen to me. To stand up here and listen to people, some are for it, some are against it. (Inaudible) That is not the issue, the issue is that Meridian Planning and Zoning Commission May 11, 1999 Page 36 this thing has sat under being there in 1975. That’s when it first started, it was a dream of a couple of farmers there. I became involved in this thing in (End of Tape) Lovan: I finally took over this golf course and I was going to operate it because nobody else wanted to do it. The city had no money, the one percent thing went on the ballot, there was no money anywhere. I did not want the thing to go by the waste side. Every good city must have a good golf course. I’ve done my best to make it a good golf course. I think I have done a pretty good job. We are right now, in the later years of getting this thing finished. We need a little push right now. The place where I’m at right now, Mr. Steiner, he wants to develop it. He’s wanting us off of there. In order to make it work for him and for me, I would like to move that mobile home for another four months or so. At that point in time, I will have built a club house of about 8,000 square feet and this was never in my lease agreement. I’m doing this now for my town. You better believe it, this is my town. I went to school here, I sent my kids to school here, I have my granddaughter going to school now and it is all of our towns. There is nobody here who has worked as hard for so many years tried to do something and make our town better. So all I need now is just a little help to get us through this little period here. Mr. Steiner who owns the property that our clubhouse is on now, he would like to develop it. So all I’m asking for is the club house, temporary clubhouse that I have right now. I agree with everybody, it is getting tattered now. It was never supposed to have been used as long as it has, but I’ve been moving as fast as I possibly could to have it completed. It will be completed by the end of this year if I have cooperation. That’s it. MacCoy: Thank you very much, any questions for him before he walks away. Anyone else? I think we’ve pretty well exhausted the material. Staff do you have anything you want to add at this time? Commissioners, what is the verdict? What do you want to do? De Weerd: Mr. Chairman, I guess I would like to ask staff a question. Shari, during the testimony I believe the Tuckers brought up the suggestion to close off one exit and perhaps add another curb cut on Talamore Boulevard, is that a possibility? I guess I should be asking the developers as well. Stiles: It would need to be addressed by Ada County Highway District, there is also the issue of the landscape island that exists in that road or is planned to be in the road. It’s there? That would make that hard to do unless you removed part of it. De Weerd: Have we received comments from ACHD? Perhaps Mr. Johnson can answer that. Johnson: Ada County Highway District required 24 foot paved entry on Talamore and on Harbor Point each place, and it’s also for fire access for access for the fire truck to Meridian Planning and Zoning Commission May 11, 1999 Page 37 come in (Inaudible). This was approved by Ada County Highway District about a month ago. MacCoy: Sounds reasonable because the code requires two entrances. Borup: Mr. Johnson, it looks like the design is indicating that the entrance exit on Talamore would be the major entrance. It looks like it’s designed that way and that’s the intention? Johnson: That is the intention, that’s the highest traffic count road, so that would be the main entry. Borup: Thank you. MacCoy: Commissioner De Weerd did he answer your question? De Weerd: Yes, thank you. MacCoy: Okay, all right, the commissioners, do you want to continue the hearing or do you want to close the hearing or what do you want to do? Borup: Mr. Chairman, I move that we close this public hearing. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: What’s your motion? Barbeiro: I have a question if I may. As I read here their request says conditional use permit for a golf course clubhouse, parking lot and temporary clubhouse. If we approve this, we are approving all three. MacCoy: That’s what you are doing yes. So how do you want to phrase it? You can break it up, you’ve been given this as one item, but you can break it down. Borup: I think there is one staff recommendation that seems to be well in line with what most of the public testimony was and that is the time frame. Shari’s suggestion on item no. 12 that maximum time frame of six months on the temporary clubhouse. Most of those who talked were talking even up to 12 months. The letters were saying, that we read, that were 6-12 months. The six months seems to be in line with what the Meridian Planning and Zoning Commission May 11, 1999 Page 38 applicant says would work for them. I think that would be an appropriate condition to leave in there, to include in… De Weerd: Do you want to finish reading that paragraph because the rest of that also addresses some other comments. Borup: IT says the maximum time frame of six months needs to be established for allowing the temporary clubhouse, prior to moving the temporary clubhouse a letter of credit or cash should be received by the City of Meridian as guarantee for completion of permanent clubhouse and parking lot. The applicant did say that they had no problem with any of the conditions and that was one of them, so I guess that was included. That was one of the site specific. I think the only thing that needs to be worked out with staff is the amount of the letter of credit or bond. MacCoy: As long as you put that in your motion. Borup: The motion will include all staff comments would handle that. MacCoy: Let’s make sure that come in there. Barbeiro: Okay, my concern is that according to the owners representative, the building and parking lot could be built in no less than five months. The permitting process based upon their having a complete set of drawings available today would be two months. There is seven months. (Inaudible) itself, this could not be built from today, where it sits today in six months. Borup: I had the same concerns, in fact I wrote down a note that six months from the time of issuance of building permit. Maybe we need to put a timeframe on that too on when the permit is applied for. They have testified they are ready, they are needing the approval before they can submit for the permit. De Weerd: It’s too bad that we didn’t ask someone out there if they could give us an idea of when that trailer needs to be moved. I was going to ask it, but didn’t want to put him on the spot. It would be nice to have that information. MacCoy: When they are going to move the trailer? They can’t move it anyplace because there is no agreement to move it. De Weerd: When that trailer needs to be off it’s current spot. MacCoy: Well, their eviction notice is already passed. It’s like off now. That’s one of the things that has been concerning the Lovans because they are at a point of shutting down the golf course. Meridian Planning and Zoning Commission May 11, 1999 Page 39 De Weerd: Well, as I read it, it’s six months after the approval of this CUP. It sounds like they can do that. Shari, what kind of time frame is it to get a building permit? Stiles: Commercial building permits I think are typically taking them about 4-6 weeks from the time that they start the process. De Weerd: And do they need a building permit before they put in a parking lot? Stiles: They need to have an approved plan. Borup: Approved by the building department? Stiles: It goes through the public works department. Borup: For the parking lot? Stiles: But the use itself is not currently permitted. Borup: I think what Tammy is wondering can the parking—construction of parking lot can start prior to the issuance of the building permit on the building? Stiles: It could. I mean once it goes through City Council. If council directs us to do that. Borup: Then commissioners, is the question is when does the six months start? Isn’t that what you were leading to as a problem? De Weerd: That would certainly be my question. Barbeiro: Well, as I read it, it says six months and I’m reading it from the day that we approve the conditional use permit. We’ve already established that there is no way they can build this in six months. Borup: Right. Rossman: But you are not really approving the conditional use permit. You are recommending approval. What I think the staff recommendation is directed to is six months from the approval of the Findings of Fact and Conclusions of Law by the City Council. Borup: I think Tom is wondering if that’s… Meridian Planning and Zoning Commission May 11, 1999 Page 40 Rossman: That may not be sufficient, that’s up to you. Borup: Well if you are talking six weeks for a building permit, now we are down to four in a half months. De Weerd: They said they could build it in four. So lets go, lets do it. Borup: You know how some of those contractors are. MacCoy: I know Keith. You have the best feel for that, where do you want to sit down for timing? Borup: I think six months from the issuance of the building permit gives plenty of leeway there. Then maybe we need to say six or eight weeks from the approval to have the building permit. Or just go eight months from the time of approval. That would be a month and a half or so for approval of permit and six months to have the construction. Barbeiro: In addressing the letter of credit or cash, do you want to continue with a specific recommendation? We can do a performance bond, we could do a… De Weerd: I would prefer to leave that up to staff. Borup: Me too. Barbeiro: Okay. MacCoy: Okay, do you got a motion? Rossman: Please include within any motion if there are any staff recommendations that you don’t want to—well, just what your direction is with regard to the staff recommendations. De Weerd: Such as omitting three and seven of site specific comments. Rossman: That’s fine. Borup: Oh, something else just hit me on how this… De Weerd: Were those right Bruce? Freckleton: Yes. Meridian Planning and Zoning Commission May 11, 1999 Page 41 Borup: Staff recommendations were no more than six months for the temporary clubhouse. The temporary clubhouse wasn’t going to move in my understanding until after the parking lot was built. Is that correct? MacCoy: That was said, but he is going to have to move that. Borup: He’s not going to move it until there is parking at the new site. Was the testimony that I heard. MacCoy: That’s what happens, if he’s got a house out there, a temporary house, and he can’t park the car, he’s stuck anyway. Borup: Okay, so then I don’t know that six months is a problem. That’s after the trailer is moved, you are talking six months. Isn’t going to move until the parking lot is built. MacCoy: Well that’s what he said anyway. We’ve got a limbo state here that has been. De Weerd: I’m hoping the powers that be are working it out back there. (END OF TAPE) Borup: Well I believe that was how I heard earlier, so I don’t know that we needed to change anything on staff comments other than what was already mentioned. We are not talking about six months from now, we are talking about having the temporary clubhouse for six months and that time doesn’t start until it’s moved. Isn’t that correct? We are not talking about giving—so the six months will start from the time that the clubhouse is moved and how fast that happens is going to be up to… MacCoy: It’s a chain reaction. Borup: Well no, but they’ve got some control there. So I don’t think we have a concern. De Weerd: Well it first has to clear tonight, let’s just get this going. Barbeiro: Yeah, what I see as a problem and I’d like to ask the staff this, as it stands, we do not have permits or anything operational available for them to build the parking lot yet. De Weerd: No. Barbeiro: So we need a parking lot first and then they can move the temporary building to it’s site, we are still two months out before they can even have a parking lot going. Borup: That’s what they are going to have to work out with their landlord or sit down. Meridian Planning and Zoning Commission May 11, 1999 Page 42 MacCoy: We have no control over that. Barbeiro: Now established a time frame, thank you. De Weerd: Mr. Chairman, I move that we approve a conditional use permit for a golf course clubhouse, parking lot and temporary clubhouse to omit comments site specific comments 3 and 7 and to underline comments number 12. Borup: Your motion was to recommend approval? Okay, second that. MacCoy: Discussion? Barbeiro: Point of clarification, there has been a discussion of the operations of the new clubhouse that perhaps if I were to infer that it is operational during daylight operations only during the time that active golfers would be on the course and returning off the course. Do we have the right to establish the recommendation that the clubhouse be operational during daylight hours or golfing hours. MacCoy: I don’t see where that comes into our jurisdiction. De Weerd: Does Bruce have a comment? Freckleton: Mr. Chairman, members of the commission, I just wanted to make one small point of clarification on site specific item no. 3. The latecomer fees is the only portion of that comment that we need to strike, the requirement for the… De Weerd: Entering into an assessment agreement. Okay. Freckleton: Still needs to be in there. Borup: Actually we probably don’t need to strike that, it says may be charged, it doesn’t say will be charged anyway. De Weerd: Okay, well I would amend my motion to include site specific comment no. 3. Borup: Second. MacCoy: Any more discussion now? De Weerd: No. MacCoy: Okay, I’m going to call for the vote. All in favor? Meridian Planning and Zoning Commission May 11, 1999 Page 43 MOTION CARRIED: All ayes. MacCoy: All right, thank you for coming this evening and putting your two bits in. It makes it easier for us believe it or not. It’s 9:00 let’s take a break right now and reconvene in 15 minutes. (BREAK) MacCoy: The commissioners and they’ve decided to go the distance tonight so we may be here till along time, we request that you work with us and we can get this thing done fast. Item 3 now, having completed item 15, it’s a continued public hearing. ITEM NO. 3: REQUEST FOR CONDITIONAL USE PERMIT FOR A MULTI-BUILDING COMMERCIAL OFFICE INCLUDING BANK FACILITY WITH DRIVE-THRU (TREASURE VALLEY BUSINESS CENTER) BY CLARK DEVELOPMENT— SOUTHWEST CORNER OF EAGLE RD & FAIRVIEW AVE: Stiles: Mr. Chairman, commissioners, we did receive a revised plan, we got that late Friday and was put in the packets and put in your boxes on Monday I believe. I have not had time to review it. I feel like they are perfectly willing to meet all their requirements, however, without having any time to review it, I don’t feel comfortable making comment on the adequacy of the existing plan. Apparently we still do not have any utilities shown. Bruce has indicated that he does need to see that. The response was that the utilities are existing, but we don’t know where those are, they are all private lines and I think as part of Bruce’s review he does want to see that and I’m not sure whether waiting till the building permit application is submitted is adequate. Other than that, without having like I say the actual time to do a review of ordinance requirements, I can’t comment that I would recommend this to go forward tonight. MacCoy: Bruce do you have anything? Is the applicant here, after all this? Come forward and state your name. BILL CLARK, 479 MAIN STREET. Clark: Commissioners based on what Shari just told you, I wonder if you might want to wait until she has had a chance and the rest of the staff to review the revised plans put together. Just as a general comment I think that we have complied in these revised plans with the concerns that were brought out in the initial staff report and with respect to the utilities, these utilities are part of those that have already been approved and installed for Treasure Valley Business Center who are simply hooking in to those and so those have already been approved and reviewed and accepted by the highway district and City of Meridian. I guess that’s our view of it. It would be something that we would expect to be dealt with at least for the portion to be developed onto our site to hook into Meridian Planning and Zoning Commission May 11, 1999 Page 44 those utilities and streets would be part of the building permit process. I know that you have a lot of things on your agenda, so I don’t want to take a lot of your time. Just in summary, we are talking about a 14 acre project, office, retail facilities. This has been reviewed by the highway district. There is some question as to whether or not the highway district is going to be able to acquire the right of way that they’ve requested. We have submitted as staff did request of us a revised plan that shows the required or our site plan with the ACHD required right-of-way which is quite extensive as you may be aware, they are on both Fairview and Eagle to accommodate an overpass of Fairview Avenue. MacCoy: That’s right. Is that it for you? Commissioners do you have any questions? Borup: I think he just answered one of the main questions that I had. The other would be –sir the revisions that you made, was that mainly to accommodate ACHD’s comments and requirements or was it some from city staff that the revisions were made? Clark: City staff requested that we revise the site plans to show the ACHD requirements. Borup: So that is what the revisions consisted of? Clark: Yes. Borup: That was what I was wondering. Shari said she hadn’t had a chance to review it and I wondering what had changed from the first one? Apparently just the ACHD requirements. I think that answered my questions. Clark: The effect is to take away about an acre and a half of the site or would be if they do and go ahead and acquire it. What it’s result on us is to reduce the amount of buildable area. As far as the overall site plan goes it really doesn’t effect anything our two main access points, which we already have as deeded access points remain and would remain under the ACHD requirements. They are not taking those away. It’s just a slimming down of the side on both Eagle and Fairview sides and it tapers in—the greatest area taken is as you get closer to the intersection. I have a couple of boards if you would like me to show it on… De Weerd: Mr. Clark, how does that effect the landscape buffer? Will you still have the 35 foot desired buffer? Clark: Yes, there is a… De Weerd: I can’t tell on the drawing. Meridian Planning and Zoning Commission May 11, 1999 Page 45 Clark: The simple answer is yes. It is a gateway area where you are requiring a degree of landscaping. We did submit a landscaping plan separately from this as well as a signage plan requested by staff. De Weerd: So you have submitted those? Clark: Yes. De Weerd: And your landscape islands and the parking, how wide are they? Clark: Is that a trick question? De Weerd: No, it’s not. I can’t tell. Clark: I could find out for you, but I don’t know off hand. Unfortunately our architect couldn’t be here tonight, but that is included and dimensioned in the landscape plans we submitted. De Weerd: Well, we didn’t get a copy of those. Can you see how wide they are? Barbeiro: This is the southwest corner. (Inaudible) De Weerd: Mr. Chairman, I guess if the applicant is okay with giving Shari some time to look at the revised plans, I’m okay with that. MacCoy: Well this is a continued public hearing, you thinking about continuing this till next time? De Weerd: If that is staffs recommendation. MacCoy: Okay, Shari, how do you feel about this? Stiles: I would like to review it, Bruce would like to review the utilities. He has no idea what is existing out there right now. We still have the entry way corridors, we have asked that at a minimum that 20 feet be on the new right-of-way line be established along Fairview and they are showing 15. I think at least to be consistent with what is to the—what’s been approved to the east of this property, we need to at least try and make that consistent as far as the—that’s going to change their layout some as well. If Planning and Zoning Commission has some issues as far as setback that are shown, any issues such as that that you might want to give him that information now and not Meridian Planning and Zoning Commission May 11, 1999 Page 46 wait to a future date, so they could be working on those things. If you have any concerns at all about the layout, or about the building construction. They do have setbacks in here that are ten feet it appears from the right-of-way, though they are doing this as a planned development, the typical setbacks would be 35 feet from the right-of- way. I think it seems to be overall a nice plan, lots of landscaping. Again, I just don’t feel comfortable commenting on it. MacCoy: I need more questions for the applicant from the commissioners. You can sit down I guess is what it amounts to right now. While we are waiting for the commissioners to continue review materials, anyone here who would like to speak in favor of what the applicant is requesting right now, which is a conditional use permit for the new addition. All right, lets work it the other way, since I have nobody standing up for that, does anyone here want to object to what he is requesting? Well, since nobody is coming forth, everybody has other fish to fry here. Barbeiro: Mr. Chairman, I move that we close the public hearing. De Weerd: No, we would want to continue it. Barbeiro: Oh, excuse me. MacCoy: That’s what you are looking at right now, because what Shari was just telling you is that we want to continue with material. So we need a motion, unless you want to discuss anything else right now before. De Weerd: Mr. Chairman I have a question for staff. Shari, what were the landscape buffer requirements for the family center across the street. Stiles: I’m pretty sure they were a minimum of 20 feet beyond the right-of-way, beyond the required right-of-way, future right-of-way for both Fairview and Eagle. De Weerd: What did we finally settle on? Stiles: I think it was 20 feet beyond the required right-of-way. There is going to be extensive landscaping, beyond the future right-of-way just because the area is available and they don’t want it to just be dirt, so it will look like there is a lot more but that will be taken away in the future. So they are making sure all their trees are planted beyond that future right-of-way so they won’t be ripped out. De Weerd: I have no further questions. MacCoy: Commissioner Borup do you have anything that you want to discuss or look to or what? Meridian Planning and Zoning Commission May 11, 1999 Page 47 Borup: I have nothing at this time. De Weerd: Mr. Chairman, I guess I did have one, in the ACHD requirements, they mention an alternative transportation program. Will the site accommodate that kind of a site, or has the applicant looked at accommodating that recommendation? Clark: This is becoming a standard requirement of ACHD and all commercial projects virtually, that is a transportation management plan, an alternative transportation, they are setting up an office within ACHD or they have to work with property owners and major users in developing these things. A lot of them are in the way of what they call soft programming, which is helping with ride chairing and van pools and information on public transportation. There is no requirement here that at least I’m aware of or something such as a park and ride line. I haven’t heard anything like that, I don’t interpret it that way. So it might typically lead to requirements for specified locations or priority locations for van pools or car pools, preferred parking and that kind of thing, which would be—or at least as we understand the ACHD requirements here and as we work with them elsewhere (Inaudible) working with those requirements. Of course those are enforced by ACHD. De Weerd: So they have nothing specific in mind at this point? Clark: No, not that I’m aware of. Other than trying to develop those things that I said. They are quite serious about those, but as far as a specific requirement, that would be something that would be required of us when we go forward for building permits in this case. De Weerd: Okay, thanks. Borup: Mr. Chairman, I had a question for Mr. Clark. Did you have any comments on any of the staff comments? So you got a copy of this, this was back in April. Clark: The April 9th one? Borup: Yes. I read there are 22 items. I only underlined two that would probably, looks like—I don’t know that it was included in. One was the sign details and the other was the utility easements etc, which I think Bruce has already mentioned. Clark: We did this for illustration, we did submit to Shari the sign information as requested. Borup: Oh, that’s in our packet, I’m sorry. Meridian Planning and Zoning Commission May 11, 1999 Page 48 Clark: Excuse me, as far as the utilities go, we need to make sure that the city engineer is familiar with the utilities that are there because we are not anticipating constructing any new utilities to service the site. Certainly the site will have to connect to those utilities, but they were originally sized to accommodate this kind of use. They are in place and I think they will find that they are satisfactory… Borup: They just need to be indicated on the plat is all, on the plan then. Clark: They are not on the plan, that’s true. Borup: Thank you. MacCoy: Would you like to, commissioners make a motion here? De Weerd: Mr. Chairman, I move that we continue the conditional use permit for multi- building commercial and office, including bank facility with drive-thru to June 8. MacCoy: What is it? June 8th , is that what it is? Barbeiro: Mr. Chairman, I second the motion. MacCoy: Okay, any discussion? Okay, all in favor? MOTION CARRIED: All ayes. MacCoy: I would like to request the commissioners to look at that sign material so we can get that resolved next time too. Freckleton: Mr. Chairman? On the last agenda item, I would like to bring up some discussion, just make some points on the utility issue. Treasure Valley Business Center was developed, utilities were installed in the major roads, however, the lots that border Fairview and Eagle—well, take that back, border Fairview and some of the internal lots in the development didn’t have services at that point in time. I know a number of years ago, maybe five years ago, the developer went in and installed some services. I don’t have any documentation as to where those service lines were, but to my knowledge all they were were service lines. They weren’t main lines. So, that’s what I would like to see on paper is what is out there. I know where the main lines are that were part of the public sewer system, but I know there are some private service lines out there somewhere. When you have multi-buildings on a site like this, I’m really doubtful that private service lines are adequate to handle it. That’s what I would like to get nailed down. MacCoy: You understand that what he is after? Meridian Planning and Zoning Commission May 11, 1999 Page 49 Clark: Message received. ITEM NO. 4: REQUEST FOR CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 8,000 SQUARE FOOT BUILDING BY BILL & PAT GEYER—NE CORNER OF WILSON & LOCUST GROVE: MacCoy: Staff what do you have on this one? Stiles: Mr. Chairman, commissioners, again we have received some additional information on this project as well. The site plan although not conforming to our ordinance requirements I don’t think it’s impossible for it to conform, however, the main issues that I’m concerned about here are some kind of—we need to really pin something down on what kind of signage we are going to have there and what is going to be approved by this commission for recommendation to the City Council. We are concerned about the driveway widths. They are not providing the driveway widths that are in accordance with ordinance and with such an expanse of a building, continuous building, it’s going to be very important that that access be provided with garbage trucks, delivery trucks, a lot of service area in the rear of the building here. Most of our other requirements were met. MacCoy: Is that it? Okay, Bruce do you have anything? Is the applicant here? Right in front of us, will you sign in please. BILL GEYER, 967 PARK CENTER BLVD, BOISE, ID. Geyer: I guess as you see, it’s a continued item, subsequent to the continuation of the last meeting, myself and my contractor, and the architect met with Mr. Freckleton and Brad of Shari’s staff and we went through the comments, which was like a bad term paper. A whole bunch of red. Anyway, we’ve gone through each and every line item and I believe that we have covered just about every base. I did want to draw your attention to the fact, just to make sure you know, I discussed it with (Inaudible) prior to the hearing. This is clearly a two phase project. The first phase being the one closest to Locust Grove, we just don’t have the economic fire power to do both in one shot. IN fact, the first phase is being done specifically for a tenant that is Interstate (Inaudible) Corporation, who will operate an Eddy’s Thrift Bakery Store on the 6,000 feet closest to Locust Grove. That’s kind of the (Inaudible) genesis for this project. As far as the—I think the three outstanding issues, the sign, unfortunately I had to rely on someone else to come up with that sign design and they were not able to finish in time for the hearing tonight. I’m well aware of the kind of pet peeves of the City of Meridian. I’ve been involved in this thing, the D & B Supply going back five years. I was also involved in the Hollywood Video and Wingers. I’ve gotten a real good idea of what works and what doesn’t work… Meridian Planning and Zoning Commission May 11, 1999 Page 50 MacCoy: I would say so. Geyer: You will see in the top, not really the top, but the left hand corner of the site plan we have, I don’t know why he calls it a monumental sign, it’s not meant to be monumental, it’s just a monument sign. Scouts honor it won’t be more than 65 square feet total, which isn’t that big, it’s about the same size of the Wingers sign, which will have individual spots for the tenants to have their names so they can have some visibility hopefully from Fairview. Then we also plan to put some size restrictions on the actual size that they would have over their front doors. I don’t want to commit to an actual square footage now, because I would want to measure the actual space in front of the front doors, it’s like 24 foot widths, but you know there are going to be maybe a couple feet high by four or five feet long and they will be back lit or lit with down lighting from the front. That’s something that I intended to have here for you, but I just—I was relying on somebody else that didn’t get their job done. So that’s a sign issue. We have an issue with the trash enclosures not being in the area that may be as accessible for the trash hauler as Shari would like to see. Although I will tell you that the (Inaudible) that we have designed now, has been designed around and improved by the major user which is going to be Eddy’s. They will be bringing in a step van, their main loading truck is a tractor trailer rig that I think is about 40 feet long. They have looked at this and they have determined that it is no problem for them to get in there, unload the racks of bread and get out again, but again, we’re willing to work with staff to try and stretch that out a little bit without compromising the overall size of the (Inaudible) of the building too much. Then thirdly, Shari what was the last one? Stiles: The width of the driveway? Geyer: The drive isle, the width. That kind of goes hat in hand with the (Inaudible). Borup: That’s the service drive on the south of the building that you are referring to? Geyer: Yes. So I guess at this point we’ve been continued once and rightly so, I guess we just flat weren’t prepared, but we think we are now and we respectfully request that you approve this so we can move on to the City Council. I’ve got a very tight timeline for handing keys to these guys if they are going to open for business. Any questions? MacCoy: Any questions commissioners? Well, while they are thinking. Shari has something? Shari do you want to say something? Stiles: I was wondering if Bill brought up his proposal for phasing this project. Although you have a full building before you, he is proposing to only make the improvements on the property… Meridian Planning and Zoning Commission May 11, 1999 Page 51 Borup: West half? MacCoy: Yeah, the west half. Stiles: He explained that to you? And is phasing the improvements as well, as far as sidewalk, landscaping. MacCoy: We haven’t asked him that question yet, but he might as well answer it now. Geyer: My intention is to my sidewalk and the landscaping, that will all line up with what is existing already been improved to the north at the Hollywood Video and to the east at D & B. I need to stop at phase one with the improvements. The additional—it’s a legitimate a argument, you know, is it cost effective to not do it now when you are doing all the rest of the stuff. I think you could argue both sides of the fence. It is an approximate $18,000 additional expense to—not only do I have to build the sidewalk for you guys, but then I’ve got my buddies over in Garden City at ACHD they are saying by the way you can finish the street there too Bill. It just gets to be vary expensive and I have a budget that I’ve already submitted to my lender and these guys don’t like changes. The only person whose pocket that is going to come out of would be mine. I just—I know that I’ve got—I’m going to have some other surprises somewhere along the line, that’s the way these projects go, I need to leave myself a little cushion and that’s one area where I’m looking for some help from you folks to give me a little cushion so I can make this an economically viable project, because you know I’m not doing it for my health. I want to be successful here. MacCoy: Let me ask you something on that. You own the whole property. (Inaudible) You do have, I would think by the way you’ve drawn it up here, you have the intent of completing the project down the road. Do you have any idea how soon that would be? Geyer: You know, I can’t, Commissioner MacCoy I would be blowing smoke if I said I will do it in a year or two years, I don’t know. MacCoy: All I’m asking for is a stance… Geyer: Honestly, I don’t know, it will be when the next guy that comes along and says Bill we love that location and we are willing to pay you to be there. I don’t know that I would take on this as just speculative development unless I had something else going on with one of the other properties that okay, it’s a good time to build that and I’ll just go ahead and roll the dice. We don’t have a specific… MacCoy: I’ll accept that. In fact I understand why you don’t want to continue on with a lot of amenities that we are asking for having been in that business, a lot of this stuff damaged when they try to do the construction and then you’ve got to go back and Meridian Planning and Zoning Commission May 11, 1999 Page 52 repair it, that’s additional cost. I would like to ask you about the building, what type of— you told me what type of business is going in this part anyway, but what type of building are you going to put up there? What’s the… Geyer: Face block along all the major view corridors and then a plain (Inaudible) on the back of the building. MacCoy: What’s the color going to be? Geyer: Like a brown. MacCoy: Reddish Brown? Geyer: Like a red-brown and then some accent ribbons going through the panels on the side along with some additional landscaping to soften the massive building on the Locust Grove side. MacCoy: Okay, what about the roofing, what do you want to do for a roof? Geyer: It’s a flat roof. MacCoy: A regular flat roof? Geyer: Slope roof, slopes to the back. (END OF TAPE) MacCoy: Where are you going to put it? Geyer: I think it’s going to be (Inaudible) I would have to defer to (Inaudible) for that one, because I’m not sure exactly (Inaudible). MacCoy: Okay. Wondered. The signage you say, I don’t see a picture and you say it’s not available to us yet. I would like to see that before we approve your signage. For the time being I’m going to pass, commissioners, anything else? Barbeiro: Mr. Geyer, there appears to be a built up roof for the plan here. Geyer: I’m assuming, I’m not real familiar with the specific roof types. Barbeiro: Then you are going to have a metal standing (Inaudible) room with split face to the sides, standard block to the rear aluminum store front in the front and then will that be Ethus highlights? Kind of a stucco highlight? Meridian Planning and Zoning Commission May 11, 1999 Page 53 Geyer: Correct. What I call a Drivot. Barbeiro: It’s very similar to what Hollywood Video has right now, which is… Geyer: The colors will match and coordinate. There won’t be an eye sore there. MacCoy: You are not going to use stucco, you are going to use Drivot? Geyer: I don’t know if it will be Ethus or…. Stiles: We prefer it not match Hollywood Video. MacCoy: It makes it’s own statement. A lot of times you get stuck with the Drivot that it’s a maintenance situation as far as I’m looking at and Stucco at least if you were, a colored Stucco in there that’ll last you a lot longer than Drivot will. Geyer: Our intention is to own the property for some time to come. MacCoy: Yes, you should look for maintenance and that I just have had past experience with Drivot and… Geyer: It doesn’t work? MacCoy: No, you’ve got problems within a couple of years. You are going to end up painting it or repairing it. Geyer: That’s bad, especially after two years. MacCoy: I can’t help it, I tell you from the standpoint of construction. I wouldn’t allow it on the new firehouse. De Weerd: I just had one other question and do you now conform to the 10% open space that is required? Geyer: Right now the land of course is vacant, but 10%open space being open you mean like landscaping? De Weerd: Yes. Geyer: Oh yeah, in fact I think we exceed it. Yeah your—the open space required is 2,944 square feet on the first phase, we are providing 3,399 square feet. Meridian Planning and Zoning Commission May 11, 1999 Page 54 De Weerd: Did you change that? Is that why, Shari is that why this was a staff comment? Has that been revised? Stiles: They were only at the six percent before. The required amount would be of the gross land area. That would include half of the driveway, but according to their calculations, it would still, the 3,233 they would exceed that. We would not include walkways as part of the common area, landscape. Those are a separate requirement and don’t—are not counted towards common open space. De Weerd: So where are we at? Are we at 10%? Stiles: They still meet, according to their calculations, if you will look at the gross ground area which is the first line and then on site planter, they would exceed the minimum of 10% slightly. De Weerd: In their landscaping, a number of trees, has that been fixed too? Stiles: I believe so, we will have our landscape architect review this to make sure it’s what we want. We are not, we wouldn’t indicate it this time that we are approving this landscape plan that has been submitted, but we will work with that during the building permit. De Weerd: So your concerns for not conforming to the ordinances were the driveway width and what else? Stiles: There is an ordinance requirement that no part of the parking area can be closer than four feet to an established street or alley right-of-way. They don’t meet that on Wilson Lane, they do however show—I’m not sure how big that is—here is an architectural scale, I don’t have that. I think it’s about five or six feet. Geyer: Five. Stiles: If this is correct that they would have that, they would have to get a license agreement with Ada County Highway District in order to be able to landscape that, we would have to have proof of that before we process the building permit application. We could probably live with it in this case, because that area if they end up with six feet, could support 3 inch caliber trees, however we can’t relax on the driveway requirement. The fire district does require a minimum of 20 feet clear distance the entire way around this building. So it will require some kind of shifting to accommodate those driveway requirements. Borup: The plan is showing 19-10, is that correct? 19 feet, 10 inches. Meridian Planning and Zoning Commission May 11, 1999 Page 55 Stiles: Yeah. The zoning ordinance requires driveways be 25 feet. Borup: Oh, 25 feet, okay, I thought you said 20. Stiles: The fire, the fire department Uniform Fire Code requires 20 feet. Borup: So that was your concern on the driveway with that back service you say needs to be 25? Stiles: Twenty gets pretty skinny as far as service trucks, garbage trucks. Probably most critical location would be right there at that corner, where the trash enclosure is. Borup: That was the spot that I thought was going to be a concern was on the corner. I’m sorry, Shari still going? Stiles: No. Borup: Mr. Geyer, what does that do to your plans if you need another five feet on your service driveway. Geyer: I think we can make the adjustment. I don’t know if we are going to be able to get the whole five feet, but we certainly can get to 20. It’s not… Borup: Well yeah, that’s only two inches. Geyer: Every inch counts—I don’t know that we are going to get to the 25 feet. The 20 feet that’s kind of the no brainer. We will fool with the walkway in front of the building. We think we can probably take a little of that out, that’s an excess of 10 feet and just slide the building forward a little bit. Borup: You say Eddy’s felt they could get a semi back there on that service drive? They can pull in and out, but they wouldn’t be able to pull around the corner would they? Geyer: They don’t plan to. They are going to back and then right back out again. This plan has been circulated from here to Phoenix, to—I think they are in Omaha is where their headquarters are. Borup: But how about a vehicle that needed to drive clear around the building such as fire trucks? Geyer: Well, we have to meet the requirement, if that’s 20 feet, we will get there. Meridian Planning and Zoning Commission May 11, 1999 Page 56 Borup: I guess that would be up to staff. From my standpoint, if you can get a semi in the 20 feet, that would probably be adequate for most other delivery trucks. I would still have the same concern as Shari is the corners. Being able to get something around those corners. It may just take some revising of that area rather than the whole way. Geyer: We are more than willing to work with staff to get that issue resolved to everybody’s satisfaction. Borup: I don’t think I have anything else. MacCoy: Okay, anything else? You can sit down now I guess is what it amounts to. Is anyone here who would like to speak in favor of this project? All right, seeing nobody answering, anybody care to speak against this project. Looks like you’ve got a good house today. All right, commissioners, what is your direction? Borup: Question for staff, you feel—Shari, you felt (Inaudible) working out any other details with the applicant on this as far—you said most would be taken care of in the building application stage, etc. Stiles: Some of the items could be—I’m not going to, I mean all I can tell him is what the ordinance requires. If he wants to do something different than the ordinance requires, of course he is going to have to get a variance from that ordinance. Borup: That was specifically the service drive? Stiles: Yes. Borup: The variance would be request through what body? Stiles: City Council. I just had another question, sorry for the applicant, did you close it already? De Weerd: No. Stiles: Where are they going to keep their service vehicles? Are they going to have, there is no on site area for parking vehicles, are they going to park inside the warehouse? Geyer: Yes, their little step van delivery vans that they use to make the deliveries to the stores, their vendors, their customers, excuse me, their customers not vendors. There will be—I think there is room for, I think they determined they can fit four or five of those things in the warehouse. Meridian Planning and Zoning Commission May 11, 1999 Page 57 Stiles: So would they be willing to make that a part of their conditional use permit that they are not having these bread trucks parked out on the street. Geyer: You know I can’t speak for them. Isn’t Wilson Lane a public street, can’t they, couldn’t they park out there if they needed to? MacCoy: It’s not a very big street. You park on that you’ve got one lane traffic going one direction. Geyer: But is it a no parking street? MacCoy: Not yet. Geyer: I would say that I’m not going to speak for Eddy’s, we’ve had so many other troubles working through ACHD that I’m just in no position to do that. However, obviously you reserve the right as you have just indicated that anytime in the future that that parking on the street became a problem, mark it no parking, then I’m not the bad guy. MacCoy: With your client. De Weerd: But there would be no parking in the service drive. Geyer: There is—no, absolutely not. They get towed if they do that. I don’t mind doing that. De Weerd: So Shari, our ordinance states 25 feet then? Stiles: For driveways. (Inaudible) Barbeiro: I would like to ask Mr. Geyer, it appears to me the way that you have your driveway set up it might be to your advantage to move the exit on Wilson Lane to be in line with the doors for your warehouse… Geyer: No can do, it’s too close to the corner. We’ve got that as close as we can get it. Borup: The other choice would be to change the floor plan of the building. Geyer: No tenant. Meridian Planning and Zoning Commission May 11, 1999 Page 58 MacCoy: I guess you can sit down again. Okay, are we ready to make a decision here what to do? Barbeiro: Mr. Chairman, I move that we close the public hearing. Borup: Second. MacCoy: All in favor of that? MOTION CARRIED: All ayes. MacCoy: What’s your motion? Barbeiro: Mr. Chairman, I move that we approve with staff notes as offered (Inaudible). MacCoy: What about signage? Barbeiro: I would move that we have signage as a separate item since we do not have an illustration of the sign. MacCoy: So you are approving without the signage. Rossman: So what would you propose be done on the signage? What are we expecting here, design review or are they going to have to come back before the commission? MacCoy: I can do it with Shari. Rossman: Staff review? MacCoy: Staff review, yeah. We just did a couple of them that way. Rossman: That’s fine, we just need to spell it out. MacCoy: We don’t have any signs in front of us, we are not approving the sign. Barbeiro: Do you need me to amend my proposal? Rossman: No, it’s been clarified. MacCoy: I don’t hear a second yet. Meridian Planning and Zoning Commission May 11, 1999 Page 59 De Weerd: Well, so how does that effect the service drive then? That it would be the required 25 feet? MacCoy: Well, you said… Borup: We don’t have any choice on that. MacCoy: You said with staff note. De Weerd: They would have to apply for the variance if they want it different. MacCoy: You’re backing up. De Weerd: I second. Borup: Mr. Chairman, I think Shari may have had a comment concerning that motion. MacCoy: Okay. Borup: I don’t know, her hand was moving. Stiles: Since the applicant has volunteered that he will go with 65 square feet or less as a monument sign and the remainder of the signage would be only wall signs, could you make that part of your recommendation? MacCoy: Well, I haven’t seen a sign yet, so I don’t know what he is going to put up. De Weerd: Just that he mentioned you are talking about? Stiles: I would hate to get to the point where just because you said your going to review the signs, you haven’t put any conditions on the signage. If they come in with a 100 foot pylon sign, we are back to another project. MacCoy: Put the fact that we maintain the sign… Borup: Do you want to add that a 65 square foot monument sign, maximum 65 foot monument sign? Barbeiro: Then I would amend my motion to include a 65 foot square foot monument sign as a maximum allowable size. Borup: Second. Meridian Planning and Zoning Commission May 11, 1999 Page 60 MacCoy: All in favor of the motion? MOTION CARRIED: All ayes. MacCoy: Okay, all ayes have it thank you very much, thank you for coming sir. ITEM NO. 5: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY STAMAS CORPORATION / IONIC ENTERPRISE INC. – SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Stiles: Mr. Chairman, commissioners we did also receive a revised site plan I believe Friday on this project. It appears most of our comments were addressed. We did get a letter from Ada County Highway District today stating that they were not asking for the 60 foot right-of-way on Franklin, they were going to stick with their 48 foot requirement. The applicant has indicated his desire to use that portion of the Five Mile Creek incorporated into his project as an amenity. There are—they have incorporated some trash enclosures, they do show two on the site. They’ve indicated that number is based on their desire to limit the trash areas because of the aesthetics of those areas. They would need to coordinate that with sanitary service and see if that was going to be adequate for the project. The other major issue that I see remaining and that I’m sure the applicant will address tonight is the buffering of the adjacent residential use. (Inaudible) Parking clear to the property line and with the two story structures within five feet of the property line which would not meet fire code requirements or building code requirements, I guess. With those remaining issues, we would like you to consider the rest of our comments and include those as conditions of the applicant or this development. MacCoy: Bruce do you have anything? Freckleton: Mr. Chairman, members of the commission. Just looking at the utilities as proposed, the applicant will be required to comply with the to and through requirements along Franklin Road and Locust Grove Road, that meaning that water mains would have to be extended along the entire frontage of the project in those two roads and the sewer would also be extended up Locust Grove, their entire frontage. That was—Shari had one other thing. Stiles: One other thing that I’ve noticed on this plan is the sign is shown in the future right-of-way, that would need to be relocated onto the property and we would need to review the details of that signage as well. MacCoy: Is that it? Is the applicant here? Would you come forward please? Meridian Planning and Zoning Commission May 11, 1999 Page 61 BRYCE PETERSON, 1104 E. BRIGHTWATER, BOISE, ID. Peterson: I am here representing the Stamas Corporation and Ionic Corporation which are applying for this application. Just to give you a little history, those two corporations are owned by my daughter and her husband, Paul and Debbie Stamas and they are out of the country right now, so I’m speaking for them as best I can. If I may, with your permission, put a drawing of the project on the wall over here. We have been planting grass as the hearing has been going on tonight and didn’t quite get it all done, we will continue to plant that grass and get it ready for you. This is a project, that has been proposed—this is a project of 96 units that are being proposed on the property located at the southwest corner of Locust Grove and Franklin Road. The property as you may recall is the property owned by—you might know it better as the property owned by Monty McClure. It has a slope from the southwest to the northeast toward the intersection. I have designed this project in a way to take advantage of the views. We have placed as you might note by the site plan, we have placed all the buildings on the contours and they all look forward to Deer Point. This is not a double loaded project. It is a single load looking straight forward to the northeast. It I think is well designed, I enjoy using water in my projects and as Shari had indicated we are liking to use a water that is already existing on this property. We have read the staff report and concur with all the requirements. In an effort to keep this as short as possible I will stop my presentation now. If you have any questions I would be happy to answer them. MacCoy: Commissioners, do you have any questions for him? Borup: I have none. De Weerd: The staff mentioned a couple of things, the structure setbacks and I guess I was curious as to what—how you were buffering the south property line. Peterson: Mr. Chairman, Commissioner De Weerd, I would be glad to answer that. I propose to put a masonry fence on both the south and the west boundary. It will be six foot tall. We are planning to add additional landscaping as of this afternoon. More than what we show now. We will give you a more definitive landscape plan. Also, since this afternoon, we heard that ACHD was loosening up their requirements on Franklin Road that will allow us to spread the project back out again as we had designed it earlier and we’ll be able to accommodate any setbacks that are desired along the south boundary. MacCoy: What do you mean by loosening up your requirements on that? Peterson: As Shari indicated, she received a letter from ACHD today saying that they no longer were requiring 60 feet on Franklin Road from the center line, they were requiring only 48 as they had originally told us. We had—when we got the word about 60 wide we tightened it up on north and south and now that we’ve heard that they are Meridian Planning and Zoning Commission May 11, 1999 Page 62 going back to the original one we will redesign it again, loosening the project up, giving more setback from the south property line. MacCoy: Let me ask Shari. Shari is that—Franklin Road has been earmarked for five lanes, is that going to take care of it? Stiles: Forty-eight feet from center line is what they typically require on those section line roads. I want to make sure I’m looking at the right plan here. This latest sight plan I have only shows 48 feet from the center line. Peterson: Mr. Chairman, I would like to apologize to Shari and staff for the late arrival of this site plan. It is not my way of doing business and I am truly sorry that it happened. If the one that she is looking at is the 48 foot center to the edge of the property, then that would show the setbacks as we had originally had intended to make it. I think that with this additional 12 feet given back to us that we will have adequate room to do what needs to be done there. MacCoy: I’m just concerned because I’ve been in meetings for months about the Franklin Road being expanded to three to a five and so on. Peterson: Mr. Chairman, this letter that we got today is still wet. MacCoy: Well, it may be, but… Peterson: It may well be changed tomorrow because it was changed yesterday. MacCoy: We’ve just done Franklin Road from 1st to Linder and that’s being carried through all the way back into Boise. Well anyway, we will let that one fly for the time being. Any other questions from the commissioners? Barbeiro: Mr. Peterson are these intended to be units for sale or for rent? Peterson: Mr. Chairman, commissioner, they are for rent, they will not be sold. This application is for an apartment project, apartment house and will not be a townhouse or condominium. Barbeiro: Is there any plans to have this as a subsidized housing unit? Peterson: It will depend a little bit on how the financing is arranged. There is not (Inaudible) there is nothing like that involved. However, if bonds are sold to finance it, that is—as a matter of fact, that is what my son and law are doing right now in Washington DC, if bonds are used, there will be a requirement to have some of the units at a certain figure and that certain figure is market rate in Boise, because they Meridian Planning and Zoning Commission May 11, 1999 Page 63 figure they allow is only so high. I want to be honest with you, that there will be a ceiling on some of the units, but that ceiling is equal to market. Would you like a further explanation Mr. Chairman? MacCoy: I know what you are talking about. Is there any other questions for the applicant right now? De Weerd: Not right now. MacCoy: I would like to ask if there is anyone in the audience who would like to speak in favor of this project, come to the podium right now. JIM BOYD, 9272 CHELAN AVE, BOISE, ID. Boyd: I represent the property to the west of this proposed development known as the Medimont Subdivision, it’s a light industrial subdivision. I know myself and Mr. John Barnes the owner of the Medimont Subdivision have visited with Bryce Peterson and I think that as I’ve heard him say this evening that he plans to put a block wall on the west side of the development as well as the south side, I think—I appreciate that comment and in doing that I think it provides an excellent buffer between the multi- family development as well as the residential. It also provides an excellent buffer between the family residential and the industrial uses. I know when we were—before you, several months back on the industrial, there was concern in requirements to have a buffer between the industrial and residential and one buffer was a 20 foot strip of densely landscaped area that in a few years those trees will have grown up to create almost a hedge, because I think they were 15 feet apart to create that buffer between the industrial and residential. I think going the extra with the block wall provides that buffer as well, so I appreciate what he has done there and support the quality of work and I think it will be a nice project for Meridian. MacCoy: Thank you, any questions for this gentleman here? Okay, thank you very much. Anyone else like to speak in favor of this? Anybody else? All right, lets change the tide to those who are against this program right now. Do you want to get up now? ALAN FOX, 1840 CADILLAC DRIVE. Fox: My comments here will also tie into six, so I won’t have to get up again. Rezoning this so they can build apartment buildings is going to be nothing but chaos. You try and get on Franklin Road at 7:30 in the morning. If you are heading east you have a long wait, I’ve been backed up, or my wife has been backed up to north Nola, which used to be Locust Grove. Can you imagine from there with a stop light to try and get to Eagle so you can get out. You can’t. You allowed a trucking outfit to go down in on Pine, used to be called Pine and Nola, those come out and go east. They come in from the Meridian Planning and Zoning Commission May 11, 1999 Page 64 east. This right now, if you rezone it, this is worse than 65 homes that they wanted to put in on this 6.5 acres and the 13 which industrial park that he was talking about, which they tried to come in with first. They wanted to put 65 homes in that area. That was shot down and went to industrial park and left this corner open. Just up the road from this on Locust Grove is 80 acres, which has been sold and I’ve been told by a fairly reliable source that they want to put three homes to the acre on that. So if you take those homes plus these 96 units which is going to come up in 96, I won’t be able to get out on Locust Grove down onto Franklin. There is all sorts of computer manufacturing chips that has been authorized to go in at Locust Grove and the freeway. They want to start off with by what the newspaper said with 500 employees and raise that up to 2,000 employees. All of those employees will use Locust Grove to come down to Franklin, it won’t go across Stoddard and go out that way. So there is more traffic on a dead end road there is only one way out. The housing this apartment building is not compatible per say to the housing that is in there. Just up east on Franklin you have Green Hill’s up there which is a one acre subdivision. I’m off of Locust Grove on Bentley and Cadillac which is back in to the east of Locust Grove by the Freeway, those are all one acres. You have people right next to this 96 units so if they want to rezone so they can put in, they are on two and two an a half acre lots. Everything around there is housing, except for the industrial park land, this apartment building will not fit in with the type of housing that we have and keep our values up. That’s about all I’ve got. MacCoy: Any questions for him? Barbeiro: Mr. Fox could you show me on this plan, approximately where you live here? Fox: I live down about right here. No, excuse me on this side. Off Locust Grove, make a left on Bentley, the subdivision that sits off (Inaudible) and it’s about 200 yards beyond Bentley is the dead end at the freeway, that’s where the computer chip manufacture is going to go to the west that they are building. Barbeiro: We are not referring to Jabil? De Weerd: Yeah. MacCoy: Yeah we are, that’s what he is talking about there. Alan you are aware the fact that Franklin is going to five lanes and Locust Grove is also going to go to five lanes and that is in the near future because of… Fox: I don’t think it’s near enough, they will have the apartments built and we will still be wondering. When I moved in there in 1972, Locust Grove was going to cross the freeway too, that’s been 27 years now and it still hasn’t crossed the freeway yet. Meridian Planning and Zoning Commission May 11, 1999 Page 65 MacCoy: That’s true, but we in Meridian have not had our share of action until this past year when we had a team of people from the city that have really put our heads together and put our shoulder to the wheel sort of speak and I’ve just seen the latest ACHD and the Idaho Transportation Charts and the first page is over half of those are Meridian jobs to be done within the next few years here and that’s where the money is going to go. We are going to get an overpass at Locust Grove and we’ve got one down the road which will be at Linder, we are asking for a lot of things now and we’ve gone through all the hoops and channels and has now come down to the final and we are still on top of the list now. Fox: We may be, but I sure would like to see this put on hold until we are five lane both ways so the traffic is eased. Like I say in the morning and evening when I come home at 6:00. MacCoy: It’s a mess. Fox: If I get (Inaudible) behind the trucks coming there, he has a hard time making a corner, especially the truck with trailers. If there is cars parked there, to come around and make it go down north Nola so he can go into the truck depot down there at Pine and Nola. MacCoy: We’ve tried to get Oak Harbor to move out on Franklin so they had direct (Inaudible), but they didn’t want to do that. Fox: That’s a big tie up, a big tie up on that road right now. MacCoy: Okay, thank you. Anyone else that wants to get up and speak on the negative side here. ROBERT R. SMITH, 335 S. LOCUST GROVE RD. R. Smith: I own two and a half acres that’s approximately south of that probably three acreage’s. I agree with what Mr. Fox has said and I have voiced this to Mr. Peterson when we met with him earlier. First of all you try and access 96 cars coming out of their on the corner of Franklin and the corner of Locust Grove when and if they ever become five lanes, which also I’m a resident and my frontage is two and a half acres and no one has approached me to buy any right-of-way for this access. When we talked to Ada County earlier this spring when Jabil made their road cut out onto Franklin, they are not aware of Locust Grove ever being widened for the next 15 years they said in their planning, nor Franklin. Franklin is to be widened first of all from Five Mile to Cloverdale in the next proceeding that they tell us about. Secondly, when all this traffic is trying to turn in and out of there, the nightmare becomes as bad as it is right now at Eagle Road and Franklin where they are building this complex there on that corner that you can’t Meridian Planning and Zoning Commission May 11, 1999 Page 66 access in and out of it while that traffic is backed up at the time early in the morning and late in the afternoon when the traffic is coming by. I don’t care if you’ve got a 15 lane road, you are not going to clarify that on those corners when you let this kind of thing happen. It gets too congested and too complex at the time. Secondly, Mr. Boyd made a comment, we fought severely to get a block wall to isolate us from Mr. Barnes project. It was never done, now he compliments Mr. Bryce about this nice block wall that he is going to get from his people and that beautiful landscaped piece of junk that we’ve got behind our homes I would like for you to come out. I’ve asked the mayor many times to look at it. We were supposed to get six foot trees and back of my place they just planted three foot. They didn’t excavate or take care of it, they hydro-seeded it, they won’t mow it or take care of it. We are continually fighting with you people to get out there to police that and we got it mowed twice last summer. The weeds got over six feet tall, we’ve got weeds in our yards, all over, we fought and fought. This is what happens, you guys get the ordinances out there, but nobody polices it. We have to police it as citizens and you impose all this on us and aggravation of what we have to go through. It’s been a real bad joke, I’ll tell you. We are not happy about what you have imposed on to us. I notice tonight with all the opposition to what happened before, you all agreed to go ahead with what happened over there at the golf course. We seem to never get you to listen to our side of the story when we bring up all of these problems that happen to us. I live there for 35 years and all of a sudden you are imposing a lot of problems on me through your—we’ve reasoned with them to stop the problems and it never happened. Thank you. Barbeiro: Don’t leave yet Mr. Smith. R. Smith: You got some shots? Barbeiro: Oh no, I did want to comment that after I had my discussion with the gentleman that made the impassioned plea with regards to the golf course that the notes that were on the conditions were satisfactory to him. So, those notes—you were not aware of them, nor were the other members once I showed him those notes, as well as those that were read, he was satisfied with that. So it is not correct to say that we did not listen, if the man who represented the tenants group and was the most impassioned was satisfied with it, certainly I think that is satisfactory for everyone. R. Smith: Well we have never had them listen to us and we’ve been here many times with these very problems I’m talking about. Barbeiro: With regards to… R. Smith: The development of Medimont No. 1, we fought that, he is now adding a second portion of that. I’ve called the mayor three times, he is to meet with me three times out there, he has never been with me. I was—we were supposed to have passed Meridian Planning and Zoning Commission May 11, 1999 Page 67 as water master on that irrigation ditch, the agreement of the irrigation system that was supposed to be put in to be taken care of us. We never got that passed, we never met with—Gary Smith was supposed to come out with Gary Lee, it never happened. We’ve tried and tried to make an agreement and now they say it was passed 100% or 87% passed, we found out the other day and we wrote a letter, a registered letter back to him. All of us that were on the ditch were not in agreement with the way the irrigation system was put in. Barbeiro: I have little doubt that your passion and mannerism were done correctly. Those items are apart from anything that myself or any of the other commissioners can address directly. Although I will acknowledge the past and the opportunity here for you to address this to everybody, I don’t doubt that this will come up again and again and that we need to get those things taken care of within the staff of the city. On this particular item I wanted to address more of the questions that had to do with traffic flow. You say that you have two and one half acres south of this existing project. What are your plans for your land and how would you use your land? Would you wish to develop your land or would you wish to have anything done with your land… R. Smith: I want to live there—I wanted to live there and retire there, but I am forced now to look out further and I want to get out of Ada County from what I’m seeing happen to my—I’ve lived in Meridian my entire life. I’ve never seen such a mess as what has happened in Meridian. Now it’s being imposed on me, I thought I was kind of in a pretty good comfort zone. The interstate wasn’t in out there when I built. It was nothing but farm ground, an entire mile, an entire section was nothing but farm ground at the time that I built out there. It’s transposed into all of this, plus what Mr. Fox said, Jabil is now going in there, that traffic pattern is going to increase at such a rapid pace that the roads aren’t going to catch up, they are not catching up anywhere in Meridian. I happen to know from a very good source, I’ve retired from Idaho Power 40 years of seniority as a line crew foreman and I know a lot of what is going on around here. I’m now a consultant for H & H line construction. I know that Ten Mile is the priority to begin with, once those dollars are spent, it’s going to be awhile before anymore dollars are going to be spent to enlarge any of these other roads, because the dollars are just not there. So what happens next, we probably are going to be faced with what he is saying with the traffic congestion on Locust Grove because it is an old two lane road, it doesn’t even have a center line. We have a problem right now with speeders on it. There is a 35 mile per hour speed limit on it, I’ll guarantee 90% of the people travel anywhere from 50-60 miles per hour by the time they go by my place. MacCoy: We can’t control… R. Smith: I absolutely agree with you, but the traffic flow gets worse. The traffic pattern becomes worse and again there are other developments going in. Meridian Planning and Zoning Commission May 11, 1999 Page 68 MacCoy: Well, we are working a lot of things. We understand you, but we’ve got to move on in this project right now. Thank you. Borup: Mr. Chairman, just a question for Mr. Smith. What do you feel would be an appropriate development for this property? R. Smith: That’s not my call, that’s (Inaudible) by you people every time. That’s not my call, if this project exactly what he said was turned down, two years ago by the Planning and Zoning and also by the school district, because they didn’t feel the influx of children they could handle from just this kind of a project right on that corner without building more schools, so they turned it down two years ago. Borup: Who turned it down? R. Smith: The Planning and Zoning did. Borup: Yes, I was here. R. Smith: You are the only one left here. MacCoy: No, I was here. R. Smith: You were here and I think he was too. (Inaudible) R. Smith: But that happened and that was what turned the tables on it. Borup: So you are saying you should leave it bare ground? R. Smith: Until those roads are made different. I’ll tell you, the complexity of what is happening there isn’t funny. That’s why I say you are getting the cart ahead of the horse. MacCoy: The unfortunate situation that we are faced with in all of our communities is that ACHD will not increase the road or improve the road unless you have 65+ percent of the ground utilized with people, not farm land. So if people that sold their operation for Jabil decided to keep it in farm land, we wouldn’t have had them here either. So a lot of your compadres have been selling and that’s where these people are coming from, use that land for other reasons. That’s what makes ACHD work is when we fill up the land, we collectively people wise. R. Smith: Thank you. Meridian Planning and Zoning Commission May 11, 1999 Page 69 JIM WITHERELL, 215 S. LOCUST GROVE, MERIDIAN, ID. Witherell: I have a different (Inaudible) to take on this. The neighbors are sort of— usually we are in here as a block and opposing it. We are sort of fragmented now, because this has some excellent points and it’s got some very bad points. The bad points for us being that concrete wall is our fence, or the masonry fence. I’d like to know more about this, we’ve had two meetings with him now. Things sound good, but then I find out it’s not section 8, but it’s going to be subsidized housing, or a chance of subsidized housing, that hasn’t come up. He also said that—he did agree to the masonry fence, but how far is the setback, he didn’t know the last time we talked to him. When the original high density was put in there, was requested for in there, they came up with a masonry fence right on the property line, Shari skinned them alive. I don’t know what the setback is supposed to be. Can we ask for continuance this is more settled down, just for another meeting? (END OF TAPE) Witherell: …For sale condo’s. There is a beautiful piece of engineering and landscaping, but it’s so dense right next to one acre, one and a half acre houses. Those are my only comments. MacCoy: You had good comments. Thank you, anybody like to ask him anything? Borup: Yes Mr. Chairman, I wasn’t—sir I wasn’t quite sure on your question on the masonry fence. Witherell: On the original plan that was presented, it was actually five years ago. They were going to put a masonry fence down the west side all along the residences. Shari said they can have a masonry fence, but it had to be setback 20 feet from the property line and be part of the transition. This is again right on the property line. I don’t know what the transition is. As of last night when we had our meeting with the developer, he didn’t know yet either. Borup: So you are saying the fence is too close to the property line? Witherell: I think so, it’s not my property line though. MacCoy: While you are standing right there, Shari do you have anything to add to this? Stiles: Are you talking a 20 foot setback from Locust Grove Road? Meridian Planning and Zoning Commission May 11, 1999 Page 70 Witherell: No, Preston had—Preston whatever Subdivision Mark 3, he was going to put a concrete or masonry fence along, next to the residences that it abutted. You said he had to have a 20 foot setback, the fence could not be right on the property line. Stiles: We did ask for a planting strip between the uses. Similar to what we’ve done with the Medimont and by the way just to respond to Mr. Smith, hopefully Mr. Boyd is working with the developer to try to get these issues taken care of. We have written them a letter and our next step will be citations in court. So they have pretty good incentive, it just does take some time as far as that is concerned. My biggest issue with this is buffering of the adjacent residential. Obviously five feet between the property line—from a property line to a two story building does not even meet building code. So there is going to have to be some revisions to that, whether it’s going to be actually 20 feet… Witherell: I guess that’s my point because they said it had changed again today because of the ACHD easing up on it, the pressure on the front end of it. He doesn’t have to compact them quite so much now. So we, the effected parties don’t know actually the layout of it at the present time. Stiles: Actually they don’t have the extra 12 feet. The latest site plan that we do have only shows 48 feet. So there is no leeway in there. They’re just meeting what we’ve asked for is the 48 feet from the center line, plus an additional 35 feet for a landscape setback on Franklin and Locust Grove. So… Witherell: So the landscaping buffering is still an issue then? Stiles: Yeah, I think that’s probably in my mind the biggest issue is the buffering between the single family residents there and the high density there. I was hoping that more of your neighbors would be here tonight to indicate how your discussions had gone and… Witherell: We are all here. Stiles: All of you? Witherell: All effected parties except my wife (Inaudible). (Inaudible) Witherell: Same old… Stiles: Okay, I didn’t see the Robertson’s up here. Meridian Planning and Zoning Commission May 11, 1999 Page 71 Borup: That was all. I just needed clarification on that, thank you. Witherell: My only parting remark is that developers have been offering us cookies for years. For the first time, Bryce gave us some and we ate them. Rossman: Where are ours? MacCoy: Anybody else who would like to make a statement now? Nobody else wants to get up? JERI SMITH, 335 S. LOCUST GROVE. J. Smith: We were in, as far as Shari is concerned, she said two story buildings. Now there were three story buildings discussed, has that been changed? She said two story, but the developer was discussing. The footage has been changed, perhaps they have changed it? Stiles: Profiles, the elevations that were submitted with the application and are part of this process are two story. J. Smith: Oh, all the buildings are two story now? Stiles: I don’t see—perhaps the applicant should get up and clarify that. What I have in my packet is two story buildings. MacCoy: Anyone else? Okay. MARIE ROBERSON, 185 S. LOCUST GROVE ROAD. Roberson: We have the property next to where they want to put this Cobblestone Village. I guess I’m not clear on what you said the ordinance is for the setback. Is there a certain feet, 8 feet, 10 feet, 5 feet, what is the… Stiles: Without a determination from the building inspector as to what he is going to consider front and rear on this, because of the way it’s situated. The building code would require a minimum of five feet per story for fire wall issues and the construction that they would have to have there. I can’t give you an exact answer about that because I don’t know what he is going to consider to be the rear and the side on this property. Roberson: I think it was going to be—a quarter of that was going to be five feet from the masonry fence. I think one of our concerns also is the fact, what happens when we decide to sell our property if there are only five feet from the masonry fence? Where Meridian Planning and Zoning Commission May 11, 1999 Page 72 does that put, is that going to be okay and if we have to go five feet on our property, will the buyer for our place be happy with that, is that (Inaudible), you know what I’m saying? Do we need more of a setback than that? Apparently there is not an established amount of feet. Stiles: It would depend on what zone you were requesting, what your overall plan was, as I said, the five foot that they are showing from the property line now can’t be done, they are going to have additional room between that property line and the building to meet fire code requirements. I just don’t know exactly what those are, depending on what zone you are in. The single-family zone, if you had like a R-4 for a subdivision, it’s a five foot setback per story from a property line. Roberson: Okay, that’s not very much. Thank you. MacCoy: Anybody else? Do you have anymore statements staff? I guess not, okay, commissioners? What do you want to do? De Weerd: Mr. Chairman, you were mentioning the time frame with the street improvements for Franklin and Locust Grove, what are those time frames? MacCoy: Because of—you speak of Locust Grove, Jabil is going in right away. They have told us that Locust Grove will be—has to be redone within the next two years because it just wont stand it, the trucking will kill it. It’s also going to be too small, it’s a two lane road. By the standpoint of Jabil coming in, that is going to force ACHD to do something now, instead of doing it five to ten years down the road, which they had planned on doing. So we move forward, we are continuing to hit hammer on the fact that we need this stuff now, and you know, give us the money for this. De Weerd: Well, I’m concerned about the south property line and the setbacks and the amount of buffering there. I am concerned about the density before the road improvements are made. We put in Jabil and I think we are expecting too much from that roadway. I would be against—I think this is a great proposal and if those streets were already under construction with the improvements, I would be in total support of it. But at this point, I can not—I personally can’t support that. The traffic is really bad out there. So you have heard from me. Barbeiro: Mr. Chairman, I must say that Mr. Fox and Mr. Smith did present a very good argument. The idea that a 65 home division was rejected and now they are putting in 96 units is incompatible, that a multi-family unit is going next door to an established industrial is incompatible, that a multi-family unit is going into an area with one acre or more home sites is incompatible. That a multi-family is going into an area where an industrial Jabil complex will be is incompatible and that the existing traffic and the addition of no less than 300 trips per day from this spot is incompatible and that the Meridian Planning and Zoning Commission May 11, 1999 Page 73 Meridian School Districts recommendation against the 65 homes would then also show that this is incompatible with this multi-family and I can not approve this in good conscience. Borup: I think just clarification for Tom I believe that 65 unit was a manufactured housing project, not a stick built housing project. My recollection seemed to be a major objection to that was for that reason. Barbeiro: It was not the number of units, but the type of units? Borup: That was my recollection, a lot of the big, I’m sure the number was a concern too, but it was an upscale mobile home park. MacCoy: It was a number of things where they’re just not there. The total complex was not compatible with what we wanted to see. De Weerd: Just for clarification, the school district did recommend against it, but they have not done that on this proposal. Borup: They recommended to approve this one, isn’t it? MacCoy: Yeah, I was surprised at that, I couldn’t believe it. Barbeiro: With a note that the school is already overcrowded and they approved? MacCoy: Well, (Inaudible) time and time again, they say that’s a normal letter. Borup: But they’ve got new schools coming up they say that will ease that. De Weerd: Yes. MacCoy: They are this next year. Rossman: We still have an open public hearing. MacCoy: Right, I’m waiting for an answer here. Do you want to continue it, or do you want to close it? That’s the first stage. You got enough information to close it down or do you want something to be brought in or more time to look at it? How do you want to do this? Borup: Well, I’m still not sure what—I mean this is not an area that you are going to build a single family low density subdivision. Meridian Planning and Zoning Commission May 11, 1999 Page 74 MacCoy: Not next to a… Borup: Who is going to move there. No one wants to live that type of setting with that type of—with a low density. I mean you’ve got traffic of Franklin Road there. Everything to the west is mostly commercial development. Across the street is going to be commercial development. MacCoy: That’s right. Our direction… Borup: Maybe this isn’t what needs to be, but it’s not going to be quarter acre or third acre lot subdivision. MacCoy: No, but our guideline has always been between industrial and R-4 housing should be apartments or something, but then the next question comes up is the density of that type of thing. You could be apartments, but it could be something in between of what we’ve got here. De Weerd: My concern is more we do not have the infrastructure in to support this kind of development at this point. I think you know, what they have done here is very nice, I would be concerned about the setbacks and the buffer between the multi-family and single-family. My primary concern is the roadway and the traffic that this is going to create in addition to what has already been placed on Locust Grove with Jabil and so there is my… Borup: I think Malcolm has already addressed that, ACHD is not going to build the roads without the traffic count. Otherwise they would be putting roads out in the desert. The traffic, the traffic count has to be there first. It does lag behind immediately, but it comes first and then the roads follow. They build the roads where the people are wanting to drive or needing to drive. I think the only, I think that’s probably the way it should be, the only thing that would help is if they could react a little faster, which doesn’t happen. That’s probably my concern too is the—I think the buffer on the south is probably well, pretty much non-existent. I don’t know in my mind opposing it because the roads aren’t in is going to get the roads in any faster. If we want the roads in faster is approving more projects is the way to get the roads built. MacCoy: I’m afraid that’s true. Since we have still an open public hearing we have a hand up here who would like to speak to us. R. Smith: I would just like to address what Commissioner Borup said. The problem lies there, look at the complexity of what happened to south Eagle Road, the length of time it took to get that and the problem was there. It took forever. The right-of-way has not even been assessed on this yet. To get the right-of-way settled, it’s the same situation that happened on Curtis Road. Curtis Road is still under a lot of controversy because Meridian Planning and Zoning Commission May 11, 1999 Page 75 the right-of-way hasn’t been bought. Before you can build that road you have to have that right-of-way and they haven’t even tried to assess buying the right-of-way. I know that’s a problem because as I said I worked for Idaho Power for 40 years and we have had right-of-way problems that you won’t believe. Idaho Power just rebuilt this line down the road that we live on to access the new water ways out tip. They paid for that line. Jabil will hook onto that line. They didn’t even buy the right-of-way over far enough because they contacted Ada County Highway and Ada County Highway told them it wouldn’t be for 15 years. I talked to the engineers because I come out there when the engineer was working and I said gosh guys they are going to widen Locust Grove Road. Why put those poles there and two weeks you’ve got to move them over 40 feet? They didn’t do it and it’s not been done. I’m just trying to confirm what you are saying. Before these things get done, you’ve got to have the right-of-way and I have not—nobody has contacted me and I talked to everybody on the road and nobody has contacted us on Locust Grove about buying any right-of-way. Borup: I’m sure they will contact everybody at the same time (Inaudible). R. Smith: I agree with what you are saying to one extent, but look how long Eagle Road took and that’s only second because I was a Trouble Man for 15 years that was the only access that I had as a power company employee to get on the north side of the river or else you had to go clear into Boise. There just wasn’t any other roads to get across the Boise River until they widened Eagle Road and what a relieve that was to access trouble when we got across there. The north south laterals across here right now are really in serious trouble. I was elated when they said they were going to put Locust Grove clear through to Chinden Boulevard as a five lane road. It ain’t happened. MacCoy: Well, all I can tell you is that I’ve been siting on committees for the last couple of years and we have been jamming this thing down their throats Locust Grove and it was 15 years down the road, then it was 7 years and then it was 5 years down the road and we continue to say we are not satisfied. It’s going to have to be and we put Jabil in there and we are running it down their throat because Jabil is in, people are in, we are beyond your percentage, do something now. They have actual admitted to us, here in Meridian on our committee that we are the only city—they gave us this thing two weeks ago. We are the only city that has actually come forward and put together a plan and they are going to buy it for us. So I figured we will see. We’ve done a lot of talk, we are going to wait and see what comes out of this. R. Smith: My mom comes from (Inaudible). The other thing that I would like to bring up to you Keith is that I don’t live in the dark. I see that they are taking all the test holes now for that 80 acres to be developed and they are digging all their test holes which is just south of me about 250 yards and across the road. He is getting all his test procedures done. I was informed pretty confidentially that Peter O’Neil has already Meridian Planning and Zoning Commission May 11, 1999 Page 76 contacted Shari and this thing is a go going over there. So there is 80 acres of housing going in there and I hear it’s going to be like Witherell was saying, it’s going to be real high density. There is a lot of traffic going to be there other than the 96 units that is going to be on a corner. Where a corner is terrible place to access 96 and that’s a minimum of 96 vehicles to come in and off of both Locust Grove right at the corner, and right at the corner of Franklin Road. That’s my concern as bad as it can get there. MacCoy: We understand that. What about our public hearing here? What do you want to do here? Rossman: I think the developer wants to add one more piece. MacCoy: We’ve got to get this thing done eventually here. We still got a half of a night work. Okay, I hope it’s quick sir. De Weerd: Take as much time as you need. MacCoy: Please Commissioner De Weerd we’ll be here till three in the morning if we… Rossman: Well Mr. Chairman, there has been a lot of public testimony and he has only had one small opportunity… MacCoy: I realize that, go ahead. Peterson: I would like to respond to some of the comments. Is that alright? MacCoy: You are right, you have the chance to do that. Peterson: Thank you. The Chairman has gone to some length to explain to you how things get built, he’s absolutely right. The amount of impact fees that Jabil is going to pay, and the amount of impact fees that this property is going to pay is going to go into the pot. That goes a long ways toward paying for roads. The taxes that ACHD collects is not a major thing. If we depended on taxes which we did prior to the time that the impact bill was passed, you know it was much worse then. The impact fee bill, which I will tell you I am the author of, I wrote it, I lobbied it for four years and got it passed. That’s been the greatest thing that has ever happened to Ada County because we’ve got more money flowing into ACHD now than ever happened before and it’s coming in earlier than it ever happened before. You see it comes in at the time you buy the building permit. It doesn’t come in based on taxes that are way down years and years later. It comes in right up front. Can you imagine the amount of money that Jabil is going to pay and the amount of money I’m going to pay to (Inaudible) that piece. That’ll do a lot to Locust Grove. It’s two lanes and it’s very inadequate. That will be solved to a great extent a whole lot faster. Bob Smith indicated that everything is always behind. Meridian Planning and Zoning Commission May 11, 1999 Page 77 It was a whole lot farther behind before the impact bill was passed. (Inaudible) Well, you are wrong, I would be glad to show you the numbers. We do know that Locust Grove is going to be widened. Mr. Smith seems to have different kinds of information than the rest of us have. He says it will not be widened for 15 years. We have different information on that, I would like you all to know that. His testimony is not necessary accurate. I would like you to also know that I have a great desire sir to reduce the number of vehicular traffic trips and I’ve put this project in the middle of an industrial area, right in the middle of it for that very reason. I would like these people to walk or bicycle or do whatever they want as much as they can. I believe that you will find good planning demonstrated that that is the way to do things. Put your residential apartment uses right in the middle of your big employment centers and there are some big employment centers going right there. Don’t you think it would be a good thing not to have people jumping in their cars and going to all of these intersections of these horrible, horrible things that have been described to you tonight? I think it would be a very good thing. We are proposing to do just that. I think this is the most compatible thing I can put on that dirt. It is a beautiful piece of dirt. The way we intend to develop it will even enhance it more. So I think it is the most compatible thing I could do. I think the school has not indicated that this is not an acceptable project to them. Okay. You have a letter to that effect. I would like for you to just look at how things really work. The way that they really work is that the developers pay a whole lot of money in impact fees. I wrote the law that says you do it. That’s how roads get built. It will never probably be up to speed because as Mr. Borup said, it’s always behind. The schools are always behind. The government is always behind, but you don’t stop building so that the roads can get built, you don’t stop the building process because what are you going to pay for the roads with. You have to have a tax base, you have to have impact fees. You have to have the money so that the Ada County Highway District can use it for roads. All these things are in the works and they are not 15 years away. I plead with you to approve this project, but I also plead with you to please change your way of thinking, because your roads will never catch up. Your system will never catch up if you don’t let people come in like Jabil and people like that to create employment basis and then I follow those people and I create shelter for the people who work (inaudible) that’s my job. I don’t go ahead of Jabil, I go behind it. Okay. Thank you very much Mr. Chairman, I hope I didn’t take too long. MacCoy: No, that’s fine. In fact what your say is very true and the standpoint that the only time your roads will ever catch up with your population is when you have an economy drop and everybody moves out of your territory. All right, commissioners what is up now? Borup: I have a question for Mr. Peterson, if he had any specifically any comment on the residential buffer and perhaps the overall density on the project. Meridian Planning and Zoning Commission May 11, 1999 Page 78 Peterson: Mr. Chairman, Commissioner Borup, I would be glad to as I indicated as I testified earlier to spread it out. I think if you would allow me to redesign. This is been my proposal. I would spread it out from north to south so there is adequate setbacks and you know that I wouldn’t build anything, I wouldn’t even propose anything that wasn’t properly setback. I’m sorry that those documents got delivered without me seeing them. I apologize as I apologized earlier. I think in order to maintain the density and to have the project still be very compatible, I can loosen it up from north to south and I would like to be able to put two and a half story units on the back line next to the industrial park. I believe that with your cooperation I can do both of those things. Borup: So you are saying that two and half story would spread out the buildings a little more open space (Inaudible). So your proposal is that you would like to come back with the revised? Peterson: Mr. Chairman, may I? I would like to come back with a proposal that is accurate. I would like to know if it is going to be received on it’s merits or if it’s not. I don’t want to waste your time. If you are totally against the project and tell me now. On the other hand, if you are for the project, I would be glad to keep working with you. That’s the kind of people I am. De Weerd: Mr. Peterson, in your conversations with ACHD I am assuming this didn’t go to public hearing. Peterson: Mr. Chairman, madam commissioner, yes it has gone through the hearing process and was acted on by the commission. De Weerd: Okay, have you asked them when those road improvements would be made? Peterson: In response, I would say that your chairman knows more about the timing than I do. But they do, they are going to happen within the next two or three years we understand. I would venture to say that it will be less than that. It will be immediate. It will be more immediate if they have money to build them with. The right-of-way is not an issue. That is not an issue as Mr. Smith tried to describe to you. De Weerd: That’s not an issue with me. My concern… Peterson: It’s not an issue with anybody and I don’t want him to be testifying to that effect because it’s inaccurate. De Weerd: That’s not my concern, my concern is the traffic flows and the location of this particular parcel being on the two corners of two very busy roads. I do understand the concept that development needs to come so the roads will. In this particular place, Meridian Planning and Zoning Commission May 11, 1999 Page 79 it’s just not well placed for that traffic until those roads can be improved. That is my personal opinion. I think you have a very nice development. That is not my issue, my issue is the traffic. I’m one vote. MacCoy: Well do you want to continue this or do you want to close it? Barbeiro: Mr. Peterson has asked us to vote on it. He wants to know a yes or no, yet he also wishes to present us with an amended set of plans. MacCoy: I think he makes a very good point, why should he waste his time if you are going to turn him down. If you are willing to work with him he is willing to have you add some more time to it and he will work with our staff and put out material that is more in keeping with what you would like to see. I think it’s been pretty straight forward. Borup: I think what he is saying, if minds are already made up to the point that it wouldn’t make any difference in what a revised project looked like, why proceed. I’m not ready to approve it the way it is right now, but I’m not opposed to something going there. I guess I would look at a revised project on it’s merits. Again, I’m one vote. Revising the project is not going to change the traffic. De Weerd: I guess I would have a question for staff. That would be is there any chance that you can get any kind of feed back from ACHD on this particular road situation and what are your feelings on this? That’s why you are the professional. Stiles: Mr. Chairman, commissioners, we do have the staff report that has been acted on by the commission that requires the 48 foot right-of-way dedication. Franklin Road is listed in their five year plan list of unfunded projects. Locust Grove is not currently on their plan in their five year plan. However, because of Jabil and because of the development that is going to be taking place north of Franklin Road, they have already dedicated the right-of-way for Locust Grove to go straight through. Locust Grove and Franklin will be a signalized intersection. As far as timing I have no idea of what is going to happen. They are going to have to have—they do their counts and at the time they call a warrant analysis when the traffic meets that level, that is when the light will be installed. As far as the rest of it, they are the agency that deals with the roadways and the construction of the roadways. I didn’t see anywhere in the report that they recommended it not be approved because the roadway system couldn’t handle it. They do make that statement in some of the projects that we have. They have accepted a standard of a level of service C for most all roadways, that would be an acceptable level. I don’t see anywhere in the report that they said this will cause it to go to a D or an F. There is no indication from them that the roadways can’t take it. So, as that is their responsibility as agency over public roadways, I’m not going to second guess them on whether the roadway there is adequate to serve this development. Meridian Planning and Zoning Commission May 11, 1999 Page 80 MacCoy: Let me add one more comment to this the material that I’ve been talking about is in it’s final draft stage, they won’t have a final answer they will see in print until October as to changing of dates. Though we have been given the indication that the dates are being changed, will be changed. Barbeiro: Mr. Chairman, after this evenings discussion and comments of the neighbors and developer, I would be willing to listen to the developers revised plans. He has a great deal of information here based upon what we have discussed and what the neighbors concerns are. Where the developer may have the opportunity to discuss face to face their concerns and address those in a more specific manor and present us with a revised plan. I would be open to listening to a revised plan and would like to continue the public hearing. MacCoy: All right, make a motion here then. Barbeiro: I motion that we continue the public hearing to our next planned meeting. MacCoy: The date is June 8th . Borup: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. Rossman: Keep in mind that the next public hearing is not a forum for us to get up and testify to the same material that we testified to tonight. If you do show up at the continued public hearing, you show up with new information if you intend to testify. Thank you. MacCoy: Thank you for coming this evening and expressing your views, because that’s how we make our decisions. We will move to Item No. 6 which is a continued public hearing request for conditional use for the same material. ITEM NO. 6: REQUEST FOR CONDITIONAL USE PERMIT FOR A MULTI-FAMILY, 96 UNIT APARTMENT BUILDING FOR PROPOSED COBBLESTONE VILLAGE BY STAMAS CORPORATION/ IONIC ENTERPRISE INC.—SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: MacCoy: Well I think we are going to have the same things that we are going to continue this same thing. Mr. Attorney do you think they need to do that? Since we are going to get the same material. Meridian Planning and Zoning Commission May 11, 1999 Page 81 Rossman: Well, lets open the public hearing. I agree with you though, it is proper to continue it to the next June Planning and Zoning Commission hearing. Lets open it tonight and then move to continue. MacCoy: We are opening, we are not opening it, we are continuing the public hearing which was from last months hearing and is for the same program, project. The applicant, if you want to come forward and make a statement to the effect that you want to carry your material forward. BRYCE PETERSON, 1104 E. BRIGHTWATER, BOISE, ID. Peterson: I appreciate the comments that have been made by the commission. We would like to have it continued. We would like to respond to the comments as was suggested and if you would be so kind as to continue it along with Item No. 5 we would appreciate it. MacCoy: Okay, thank you. De Weerd: Mr. Chairman, I move we continue the public hearing for request for conditional use permit until June 8th . Barbeiro: I second the motion Mr. Chairman. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 7: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR CHERRY LANE ESTATES BY JEFFREY L. MANSHIP—4375 W CHERRY LANE: MacCoy: Staff do you have any additional comments that you want to put on the floor right now? Stiles: Just to refresh the commissioners, this was tabled again because of a paragraph in the Comprehensive Plan that said development may be considered at densities less than three per acre if they would do it as a planned development and offer a cost benefit analysis. I have a little bit different interpretation of that, but that statement does exist in the Comprehensive Plan. Still dealing with the issue of a 30’ driveway that accesses a five acre parcel to the south. Other than that, I have no further comments in addition to what we’ve already commented on for the annexation and zoning and the plat. That’s going to Item No. 8. Meridian Planning and Zoning Commission May 11, 1999 Page 82 MacCoy: Bruce? Freckleton: I have nothing further to add. MacCoy: You have nothing. All right, over to you Mr. Manship. JEFFREY MANSHIP, 4375 W. CHERRY LANE. Manship: I have agreed to all of the Meridian site specific comments. I met with ACHD and agree to meet with their comments too. Just going on since December and would like to finalize a decision on it tonight. That’s all I have to say. MacCoy: Any questions for Mr. Manship. De Weerd: Did they have in their comments that you need to increase that from 30’ to 40’ feet? Manship: No. De Weerd: Oh. Borup: So Mr. Manship, you did agree with all the staff comments? There are quite a number of things. The dry line sewer and the pressurized irrigation system that needs to be shown on the plat and streetlights and everything. Manship: Correct. ACHD had two driveway approaches that I agree upon to. We met two Monday’s ago and talked about that and I agree with them both. De Weerd: Have you talked with the other property owners and worked out anything with them? Manship: No, I haven’t. De Weerd: You haven’t. Borup: Could you say why not? Wasn’t that how it left last time was that was supposed to happen. Manship: Yes, they’ve had a couple interested buyers and they backed out and they have another one, so I never know what is going on. I’m trying to work on this. I’m not worried about what their plans are for the property to the south. Meridian Planning and Zoning Commission May 11, 1999 Page 83 Borup: Refresh my memory a little bit, were both these properties under one ownership at one time? Manship: Correct. Borup: You bought the front section and the person you bought that from retained a section of the back, is that the way that worked? Manship: No. Borup: The other way around? Manship: The people who had the original parcel split it with a one time split. Borup: Sold it to separate parties. Manship: Correct, then they split off another five acres in the back, which the other party is to the south of me. Borup: Okay, I thought staff had one other request. Manship: Wasn’t there a question here about a copy of the road easement or something? Borup: I didn’t underline that, so now I’m not finding that. Manship: I think at the last meeting was a conditional use and a cost benefit analysis, which I have completed both. Borup: Item No. 13 says please provide a copy of the recorded easement for review. Manship: That was submitted with the preliminary plat. Borup: You say that was submitted with the preliminary plat? Manship: It was part of the legal description. Borup: Okay, that was on her original comments that she requested back in December. When was that turned in? Shari was that not intended to be put into our packet or do you know? Stiles: I don’t believe we ever did get the actual easement. We did get a legal description that just mentions. It said subject to that easement. We didn’t have Meridian Planning and Zoning Commission May 11, 1999 Page 84 anything about the actual conditions of it. We have—it’s in the title report, isn’t it, it just refers to an instrument number, we don’t have that instrument. Borup: So do you have an estimate of how many of these conditions still need to be complied with that you don’t have the information on yet? I mean there is several here pertaining to the plat items and… MacCoy: Commissioner Borup are you waiting for an answer here? Borup: Yeah, I was just asking Shari if she had an estimate of how many items are still… Stiles: Bruce is looking for the legal description. I have a hard enough time remembering what happened last week, yet alone six months. Borup: Are you comfortable that you received enough of the items that you requested? There are no concerns in your mind? Stiles: We still would like to get a copy of that recorded easement which is—would be that instrument number, if you could just get us a copy of that. Just to make sure there aren’t any problems involved with that. Ditches, I don’t know if that has been addressed to Bruce’s satisfaction. Are there existing easements on there Jeff? Manship: Nampa Meridian Irrigation requested to tile those ditches, because some of the are open. I’ve agreed to do that. Stiles: The ordinance covers us as far as requiring that piping and State Code as far as delivering irrigation water to the historic users. I really think the main issue was—it’s going to be a policy decision for the council to decide if they are going to allow this type of development without hookup to sewer and water. There has been discussions about 40 acre piece at the southeast corner of Franklin and Black Cat there, that they may… (END OF TAPE) Stiles: …into the existing sewer system. It doesn’t have anything really to do with this project. If that were the case, it could be that a stub street could be provided from the west property to this back parcel. Without any applications being filed, I can’t state when that might be or—we would still, staff would still support the no more than four homes be built on a 30 foot roadway. I would also like to ask that we didn’t make any conditions in here as to the maintenance of that roadway, what the construction would be. I know that the fire department has indicated that it would have to meet their standards as far as compaction and construction. You might also consider that as part Meridian Planning and Zoning Commission May 11, 1999 Page 85 of your recommendations to go to council on what standards you want that 30 foot road to meet. Borup: What has been the process in the past? How about some of these others been to ACHD standards. Hasn’t that been the wording, other than the width, but as far as the base? Stiles: I don’t know that we’ve ever approved a private road that is proposed to be gravel. Borup: Well not in the city, no. Some of those county projects we looked at. Stiles: Yeah, I don’t know. If they are in our fire district, they have standards to support (Inaudible). Bruce indicates that it would be a HS20 loading. Borup: HS? MacCoy: Highway loaded. What is that 70,000? What is that? Something like that. Borup: You don’t have to know, just act like you know. Just throw out a number and if no one else knows then. Well, where are we at on this? We’re waiting for some more public testimony? MacCoy: I thought you’d asked Shari if she was satisfied with what you had received and what else did you need? Borup: I think she needs everything she had listed. It sounds like she is satisfied that it would have to come along some time before the fully developed. Is that true? Stiles: I don’t think it’s critical for you to make your decision, but I would like to receive those as soon as possible so we can have that before we go to the City Council meeting. Manship: So the instrument number of the recorded easement? Borup: I think she wants more than the instrument number, she wants the recorded easement itself. Stiles: If you could give me a copy of the actual recorded document. Manship: Not a problem at all. Meridian Planning and Zoning Commission May 11, 1999 Page 86 MacCoy: We could pass it on to the council with the stipulation that all it has to be provided before being allowed. Borup: I’ve changed my attitude, I mean before I felt concerned about property to the south and thing just hit me, that thing was split, both parties knew what they were buying at the time they bought it. MacCoy: Yeah, we had that discussion. Borup: Maybe that’s what we need to worry about. There would’ve known the limitations at the time they bought the thing. If that wasn’t acceptable, it should’ve been split differently. That’s all I have right now. We are not ready to make a decision until the public hearing is closed anyway are we? MacCoy: Well I’m going to open—it’s a public hearing, so if you finished with Mr. Manship, he can sit down and we can move it on. All right, thank you. All right, considering what we are looking at here, is anyone here who would like to speak in favor of this project. CHERYL BROWN. Brown: I don’t know if I’m in favor or not. I don’t have a problem. I own the back five acres of this property. I’m the one who talked the owner into splitting it off from the Kruels about five years ago. We were going to build our home out there and the Kruels were going to stay at the front property. They are an older couple, this is where they were going to stay. We’ve owned this property for five years now and then sometime later Mr. Manship bought it. That’s where I just wanted to let you know that we didn’t know this was going to happen, but you never know. What I’m concerned about is the roadway. I was told today that Mr. Manship said he was putting in a 50 foot roadway, I don’t know if he is going to or not. That’s where I’m concerned because if he doesn’t and you approve this on a 30 foot roadway he can put his lots in, then I’m stuck if a developer—which developers have been approaching me and Mr. Manship on this whole parcel, which would be wonderful if we could work together on this. If we don’t and he does his thing and I have developers approaching me saying we want to put four houses at least back there, we can’t on a 30 foot roadway. We need 50. Then I’m stuck. That’s my concern. I don’t oppose to what Mr. Manship is doing putting houses back there. I just don’t want to be stuck with where I’m at either. Borup: But that’s something that you should have thought about five years ago, isn’t it? Brown: Yeah, I guess I didn’t at the time. We’ve decided, we didn’t build our home back there, we went on the golf course, but—so now my property is up for sale. This is Meridian Planning and Zoning Commission May 11, 1999 Page 87 what I’m hearing from developers. Now am I going to be able to sell this or am I going to be—have a five acre piece of ground that is landlocked. Borup: You can get one house on it. De Weerd: Two. Brown: There is one building permit available on it right now. I’m zoned county and Mr. Manship just got his zoned city. So I guess I can ask you, I’m concerned about the roadway. Barbeiro: Mrs. Brown, who owns the land, this appears to be to the west of this lot? (Inaudible) Barbeiro: Why I asked who owns the land to the west is if you have 30 feet here, you could pick up 20 feet off the other side if you were to work out something with the people over here and allow you to get—wondering if the developers will want that land, likely want this up here too. (Inaudible) De Weerd: Well he has a barn that is 40 feet from the property line, so if you widen that to 40 feet, he would be within one foot of his barn. That is not doable. Borup: The time to work something out with Mr. Manship is probably not here at this meeting. That needs to be done elsewhere. Brown: It does. MacCoy: If you remember Commissioner Borup that this is the reason that this has been continued each time we come to this same crossroads and we say you know we continue it so that they would have time to work something out. I think we are at a point now that we pretty what need a fish or cut bait here. Borup: Question for Shari. It appears that the original application was for zoning and annexation, the application before us today is just for conditional use permit. Did the zoning application ever take place? That was (Inaudible). Stiles: You recommended approval of the zoning. It hasn’t gone to City Council yet because they want to see the plat. Borup: They want to see everything, okay. That’s what we were thinking. Meridian Planning and Zoning Commission May 11, 1999 Page 88 MacCoy: Well, was anybody else who would like to make a statement for this, I’ll continue that situation while they are discussing their positions. On the other side of the fence, anybody who would like to state anything on the other side, the negative side? I guess not. All right commissioners. De Weerd: Well I’m looking for something. Barbeiro: Mrs. Brown may I ask a question please. You had said it was a requirement to access the property that you have should the developer wish to take it that you would need 50 feet. We can pretty much establish here that short of Mr. Manship tearing down his barn that 50 feet is not available solely on his land. For you to access your property with a 50 foot right-of-way, it would still require you to go into negotiations with the property owners who own the property directly west of Mr. Manships property. As I see it, Mr. Manship is not going to tear down his barn, nor would I expect you require him to do such a thing, so where am I missing what you want him to do? Brown: Well I guess what I was told through my realtor talking to Mr. Manship is that he was splitting off the house and barn separate. Then the next time I talked to her she said he had all of it up for sale. I guess I’m unclear really what he is doing and if he is going forward with this, am I going to be locked back there. If he is allowed to do the two acres, the two splits up front, am I going to be able to do the same in the back? Barbeiro: Are you required to come off of Cherry Lane, or do you have access to your property off of Black Cat? De Weerd: No, she is landlocked, she is right behind Mr. Manship. Brown: We have the easement, an ingress/egress easement for both properties. I’m right behind him. Barbeiro: How do you access your land right now? Brown: Coming down the 35 foot—well there is nothing there right now, but coming down that side. Barbeiro: Essentially a dirt path. Brown: Right, right. Borup: I know that I’ve asked this question before, but what was your understanding of who had access to that easement? Meridian Planning and Zoning Commission May 11, 1999 Page 89 Brown: Both of us. Borup: That’s the way it was written and recorded. Brown: Right, and that we would share maintenance on it and any other expenses on it. We don’t have a problem paying for half of this roadway or anything, we just don’t know where we stand right now. Barbeiro: As it stands now, it just goes in as it is, you will still have access to your land. So the only concern exists now, should the developer wish to come in, how will they access your land? Brown: They need to come down that roadway. That’s the only way in. Barbeiro: My question was, if you have the land back there, what possibilities are there of having access to that land through an easement on a property that parallels Black Cat so that you have access to your land through Black Cat, not off of Cherry Lane. Brown: Well, we are not even, there is nothing. There is 40 acres next to us between us and Black Cat. We are not that close to Black Cat. (Inaudible) Borup: Thirteen hundred. De Weerd: So Tom in essence a 30 foot easement would only allow four lots and so Mr. Manship is developing two so she would be limited with her parcel of developing two lots. MacCoy: Well commissioners would you like to close the public hearing? What do you want to do next? Barbeiro: Mr. Chairman, I would move that we close the public hearing. De Weerd: I second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Public hearing is now closed. What is your desire? Meridian Planning and Zoning Commission May 11, 1999 Page 90 Rossman: Mr. Chairman, if I may make a comment. I reviewed the minutes from the December meeting, the January meeting and the March meeting. I don’t see anywhere in there where your recommendation for annexation and zoning was made by the commission. Shari do you know when that was done? Stiles: The annexation? Rossman: In January it was continued to March to allow a conditional use permit to be submitted in conjunction with the request for annexation and zoning to be heard in March. I look at the March minutes and it was just continued at the request of Mr. Manship, I believe. Stiles: I don’t have my agendas with me. It was recommended for approval. Rossman: Okay, I just want to make sure of that before we act on a preliminary plat and a conditional use permit. I just want to make sure it’s part of the City of Meridian that we are dealing with. Stiles: Well, it won’t be until the council acts on it anyway. It won’t be final decision. De Weerd: Well the rezoning was along with the request for preliminary plat. We continued the preliminary plat, so I can’t imagine how we separated out the rezone from the preliminary plat. MacCoy: You could’ve, but I don’t remember. So what do you want to do here. De Weerd: Doesn’t it have to be zoned before we approve a CUP? Stiles: No. The commission is only making a recommendation. It won’t be zoned until the City Council zones it. Rossman: But Shari does it make sense to send up a recommendation for preliminary plat and a conditional use permit when in fact the City Council won’t have a recommendation for zoning, unless…. Stiles: I’m fairly certain that it has been acted on. As much reassurance as that can give you. Rossman: I don’t know if Mr. Manship wants to come back next month again. I guess he would have to either way. Stiles: It’s already zoned R-3 in the county. This use would be permitted had they had any access and they would have to go through the city anyway to actually plat this Meridian Planning and Zoning Commission May 11, 1999 Page 91 property. That’s why they are requesting annexation. It’s actually zoned so he could have done this in the county. So there was no question about the annexation and zoning, that wasn’t the problem. Rossman: Why don’t we act on the preliminary plat and the conditional use permit and if in fact there hasn’t been any recommendation to the City Council for or against annexation and zoning, I guess we can see if we later discover that that hasn’t been acted upon, City Council certainly can should they choose to act on. Berg: Just a response about the annexation, on December 8, 1998 the Planning and Zoning moved to recommend approval of annexation and zoning for property to R-2. Rossman: Fabulous, that was on December 8? Berg: Yeah. That is still kind of hanging there until we get the other stuff. Rossman: You’ve answered my question if it’s been approved a recommendation then we will send it up. De Weerd: On what page? Berg: Page 54. De Weerd: Not that I’m doubting you. Rossman: Mine starts on page 55. Berg: I have it in my annexation and zoning file and you have it in your preliminary plat file. It’s at the very end of that page of 54. Rossman: That issue is moved, go ahead. Barbeiro: Mr. Chairman, I move that we recommend and approve the conditional use permit for the development density below three units per acre for the Cherry Lane Estates. MacCoy: Now wait a minute. We are on Item No. 7, preliminary plat. Barbeiro: Allow me to amend that. I move that we approve the preliminary plat for Cherry Lane Estates. Borup: Second. Meridian Planning and Zoning Commission May 11, 1999 Page 92 MacCoy: Any discussion? Okay, all in favor? Rossman: Before you vote on that, what do we want to do with staff recommendations. Are they included in the motion? Barbeiro: If I may amend the motion that we include all staff recommendations in the— in our approval. MacCoy: Do I hear a second on that? Borup: Second. De Weerd: As well as any ACHD comments, which we don’t have. Borup: It’s a private road, ACHD doesn’t… De Weerd: What about requiring him to have two approaches that’s what he testified. MacCoy: I don’t have that in my file. Borup: Approaches from where to where? De Weerd: I have no idea, I just wrote down what he said. Rossman: That’s fine, you can make it a further condition that if there are any ACHD requirements that be complied with. Barbeiro: Allow me to amend my motion to include any ACHD requirements for (inaudible). MacCoy: Okay, you going to second that? Borup: Second, yes. MacCoy: All in favor say aye. MOTION CARRIED: All ayes. De Weerd: Nay. MacCoy: Nay? De Weerd: I didn’t say aye, you didn’t give me an opportunity to vote. Meridian Planning and Zoning Commission May 11, 1999 Page 93 MacCoy: Oh, I thought you said aye or whatever it was. You said no. Okay. So I’ve got two to one. Sorry I didn’t pick up on that. That’s the reason I say what I say about everybody (Inaudible). ITEM NO. 8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE FOR PROPOSED CHERRY LANE ESTATES BY JEFF MANSHIP—4375 W. CHERRY LANE: MacCoy: Staff? Stiles: Nothing further. MacCoy: Excuse me? Stiles: Nothing further than beyond what was on Item No. 7. MacCoy: Okay, Mr. Manship, do you want to come back here again? What do you want to say about this? Manship: I’m just zoning it below what it is called for. Just put some variety into the development. That’s all there is after doing that. MacCoy: Okay commissioners do you have anything else you want to ask of Mr. Manship? Manship: I have reasoning for that because Central District Health won’t require septic system with a lot size of one acre or smaller. You need one acre or larger to have a septic system because there is no sewer access at the moment. De Weerd: I still like that density. I just don’t like the road situation. What was it that ACHD wanted you to do? Manship: I have the requirements in my briefcase if you would like me to take it out. De Weerd: Well, if you would submit it for the record. Manship: I think that Brad Hawkins-Clark got a copy of them too, we met together. Rossman: Is it a final report or a preliminary? Manship: A final report. Meridian Planning and Zoning Commission May 11, 1999 Page 94 Rossman: Did you submit it to the clerk? Manship: Yes. De Weerd: Mr. Manship, is that a copy so—or do you need us to make a copy? Manship: I would like a copy please. Rossman: If it’s just a draft, it’s not much good to the commission. Berg: Mr. Chairman, members of the commission, this is a draft but it does state on here that commission date is for May 5 at 12:00 noon. So we may have to do some further research to see what the final approval was, if that is okay. We will make a copy. Do you have the draft in your file? MacCoy: Okay, do you have any questions for Mr. Manship while he is standing here? Okay, you can sit down then. The question is since it is a public hearing, is there anybody here who wants to speak in favor of this action? All right, anybody here who wants to speak on the negative for this action? Seeing none. De Weerd: Mr. Chairman, I move we close the public hearing. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Okay, what do you want to do? De Weerd: Just for the record, I do like the low density, but I hate to see another property owner effected by limited access created by the limitations because of the road size. That’s my only comment. Barbeiro: Mr. Chairman, I move that we recommend approval of the conditional use permit for development density below three units per acre for Cherry Lane Estates. Borup: Second. MacCoy: Any discussion? Okay, all in favor? MOTION CARRIED: Two ayes, one nay. Meridian Planning and Zoning Commission May 11, 1999 Page 95 MacCoy: One nay, right? De Weerd: Exactly. Nay. ITEM NO. 9: PUBLIC HEARING: REQUEST FOR REZONING OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WILLIAM & LUCILE LEAVELL—END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: MacCoy: Does staff any questions on this or comments on this? Stiles: Mr. Chairman, commissioners, do you have our memo dated May 7, 1999? It’s my understanding that they are appealing some of Ada County Highway District’s conditions, mainly the extension of public roadways to and thru the property for that reason and other issues that need to be addressed on the site plan, we felt there was going to be a significant redesign and did not perform a review of it, but they are here tonight to make any presentation and answer whatever questions you might have. MacCoy: All right, is the applicant here to speak this evening? LARRY KNOPP, 355 S. 3RD STREET, BOISE, ID. Knopp: I’m the architect representing Mr. & Mrs. Leavell in this project. As Ms. Stiles has stated we are appealing the decision from ACHD. They were requesting some public streets through this project and we are designed it phase 2 in conjunction with phase 1 for private streets. A development agreement with—when this project, phase 1 went through in 1992 required that the Leavells have a rec facility and some amendments that are in conjunction with phase 1 and this is what they are proposing in the phase 2, clubhouse, swim pool, some amenities that go along with it. We have private roads as you can see from our preliminary plat that are preliminary site plan that we have the units spread out. The rec building is in phase 2, all the streets that are in phase 1 and phase 2 are private roads. We would like to maintain that quality of development. I do have a letter also from Captain Bowman that he gave us today in regards to the safety of public streets in a private development that I would like to submit to the commission for their review. I’m not sure what the appeal date is with ACHD, but I’m assuming it’s within the next week or so. Ms. Stiles also had some comments about the Nampa Meridian Irrigation Five Mile Lateral that goes along there. Their comments to the city were at this point they have no comments. They don’t make comments on a rezone, but I did talk to Mr. Hensen today, this afternoon, he is with the Nampa Meridian Irrigation District. He had stated to me that they had no comments, but also they were willing to work with us on an easement that is on that lateral. There is 50 feet of right-of-way both sides from the center line of the ditch and the Leavells have talked to the people prior and they have indicated that all maintenance was done Meridian Planning and Zoning Commission May 11, 1999 Page 96 on this ditch from the east side and not the west side where this development is. So that that easement and in deed for that 50 foot easement on the west side was not needed and that they would be more than happy to work with us on a reduced easement for the (Inaudible). A land use change would have to—application would have to be submitted within. Also, an encroachment agreement of which we would have to get with them. We also have to work with them as far as the storm water goes if we want to use this project and use Five Mile Creek for storm run-off. There is some areas that we will have to work with Nampa Meridian to make this project happen from that standpoint, but as Mr. Hensen had indicated they’re more than happy to work with us on it. I’ll answer any questions you might have at this point. MacCoy: All right staff, commissioners? Barbeiro: Mr. Knopp, as it stands now a number of items will be changed in this prior to construction phase. Knopp: A number of what? Barbeiro: A number of items, if I’m not mistaken, Shari was telling us that you (Inaudible) addressing a number of concerns of ACHD and the problems with Five Mile Creek. This will be redesign? Knopp: No, the only thing that would have to be redesigned on it is if the appeal with ACHD we’re not successful in that and they require public streets to go through, which requires—the public street that, one of them that is in question is Badley Avenue, east west. ACHD also had a question and also wanted to go with a public street from Fairview to access down to Badley. They have changed their mind. What they would like to have and what they would like to see is a joint use or access, a cross access agreement with the property to the west that is undeveloped next to Fairview so that they can limit the amount of egress/ingress that they have on Fairview Avenue. So they have backed off and have not required public streets from Fairview down to Badley. So the only one now that we are discussing with is Badley Street, east and west. The Leavells on phase 1 was required by ACHD to improve Badley and have another ingress/ egress on phase 1 and they went through considerable expense. I think it’s about $58,000 to improve Badley and extend it beyond so they could do phase 1 and that was under the assumption of a private street, not a public. Barbeiro: I have no further questions. MacCoy: I've got a couple of my own. I realize you have made a private arrangement here. It just seems like the space between the buildings where people are going to drive is 25 feet. It’s going to be pretty tight. These are two story buildings, so it’s kind Meridian Planning and Zoning Commission May 11, 1999 Page 97 of like a canyon. I’m also questioning the number of parking stalls. If you had visitors come into the place. How would that work out with your parking? Knopp: We have ample parking to meet the city ordinance on all the units. We have parking, some covered parking, we have garages and we have parking areas located throughout the project. MacCoy: How come some of these stalls are covered and others are not? Knopp: Some of the units have garages and some don’t. So we are trying to provide some protected or covered parking for the units that don’t have garages. MacCoy: Oh, I see. I didn’t see you had garages for (Inaudible). What is the construction material for your building? Knopp: They will match pretty much in like what phase 1 is. They are wood framed, they are asphalt shingles. They are a combination of hardboard siding and some Stucco. MacCoy: Okay, anything else commissioners? De Weerd: No, I have a question for staff though. If a redesign is going to be necessary if ACHD doesn’t grant their appeal and we have moved it forward, we won’t see that redesign, is that correct? Stiles: Correct. De Weerd: Okay. Barbeiro: Mr. Knopp, the A, B and C units are garage units, D units are not garage units, is that correct? Knopp: Yes, I believe that is correct. Barbeiro: Will these be rental units or sale units? Knopp: Rental. Barbeiro: Will there be—will this be a subsidized housing project? Knopp: No. Barbeiro: No further questions. Meridian Planning and Zoning Commission May 11, 1999 Page 98 De Weerd: I have no further questions. MacCoy: You can sit down, thank you sir. Is anyone here who would like to make comment in favor of this? FRED SHOEMAKER, 815 W. WASHINGTON. Shoemaker: I’m attorney for the Leavells. I wasn’t going to speak, but I heard some questions that I thought maybe I might better answer than Larry. I was the attorney that represented the Leavells back in 1992 when the original 44 unit project was approved. We kind of regarded tonight’s meeting as an architectural slash design focus, not a legal matter. I heard commissioner De Weerd ask some questions that I thought maybe warranted some discussion of the history. This really is an extension of a 44 unit project again that was approved in 1992. The city imposed on the Leavells a development agreement that is actually recorded over phase 1, the 44 unit project non-subsidized, market rate project, not incidentally a project that pioneered a high end apartment project for Meridian at the time. The battle then was convincing our bankers, the Leavells bankers that they really could enjoy or receive the rents that this quality of a development would demand, in any event. So what we are doing really is just extending, if you’ve been in that area, go down 2 ½ avenue or 2 ½ street, it’s a high end very nice existing edition to Meridian and this phase 2 that you have before you tonight is just simply an extension, a mere copy cat if you will to the north of phase 2. It’s what the Leavells were required to do. They are not—it’s not a wealthy institution, it’s a family operation. They couldn’t afford to build anymore than just the 44 units that were constructed in 1992. The city at the time said well that’s great, but since you can only afford to build 44 units and we want certain amenities you’ve got to promise us that when you get around to developing phase 2, you will put in either a clubhouse and either a pool or a tennis court. The Leavells signed and recorded in 1992 this development agreement. Again that’s incumbent. I think it was only about the second development agreement had imposed. Although I know that is fairly common now. So in any event, they have an obligation to replicate on this property with 64 units and type and design and with quality at least equal to or greater than in the terms of the development agreement that already exists for the 44 units. Again to repeat it, but that’s why they are required to build that clubhouse and that moreover is why they are insistent on the private driveway as you can imagine. If this project was required by the highway district to have public street bisecting it Badley Avenue. It would be the first and worst high end apartment project with a public street running through it and that’s why it’s not much of a surprise to see your Meridian Police Department Captain say no that would not just hinder, not just dampen the amenities, but create a hazard for kids, people running from the south end of the development accessing the pool going as residents of the proposed phase two in the north end having to access the laundry facility which is the existing amenity on the 44 units that exist today. So, I know Meridian Planning and Zoning Commission May 11, 1999 Page 99 Commissioner De Weerd that you were concerned about not being able to see a revised plan if we didn’t get the exception that we are seeking on a hardship basis or for whatever reason from the Highway District. I can submit to you that this project won’t go ahead without private streets. It’s just not workable. We would loose for economic reasons 12 buildings, or 12 units three buildings. So all of a sudden you’ve got 12 or 52 instead of 64 units to support if you will or subsidize relatively expense common area facilities like a pool and a clubhouse. I’m pretty confident. We’ve already made some progress, Larry and I have with the Highway District staff. I’m confident when we explain to them what I’m trying to explain to you tonight that we are under an obligation to build these improvements that planned from day 1 or at least in 1992 was to have a connected integrated unified 108 unit project that they won’t impose on this development a public thorough fair right through the middle of. What I would like, even though I know Ms. Stiles initially thought maybe a deferral would be in order, what we would really, with respect would ask from the commission tonight is a recommendation for approval of both of the agenda items and I think it would be fair for you to comment on or perhaps reserve subject to satisfying the Nampa Meridian Irrigation District which is one of the only two issues that abound. The other issue is subject to satisfying the Ada County Highway District and by the time that recommendation gets to City Council we will have resolved the highway district requirements. In any event your recommendation will be subject to satisfying the highway district requirements. I hope that I added some clarity and not too much additional time. Any questions then Mr. Chairman? MacCoy: Okay, thank you very much for your time. Anyone else like to speak in favor? LOREN ROSS, 1383 LINDER WOOD DRIVE, MERIDIAN, ID. Ross: With the close proximity of the project I think I would like to see some type of a solid fence six foot fence along the west and north boundaries of the project as it stands. Couple of reasons one of them being human nature is to take short cuts. Town is on my side. So that means bicycles and foot traffic and possibly motor cycles cut through. It wouldn’t eliminate it, but it might discourage it. MacCoy: Wood fence is what you are looking for? Ross: I think wood or chain link with wood slats something that wouldn’t rattle, certainly wouldn’t want a noise factor. Also in relevance to a fence, if it could be built in the early stages of construction it would be appreciated. There is going to be a lot of commotion and containers and a lot of different things. We are in pretty close proximity. We’ve got 40 families that live there. The other thing I believe that I would like to see, if they could maybe move the trash bin a little bit south or east. I think the way it is positioned is pretty close to some of my residents in the mobile home park. Am I correct on that? That’s pretty much to the north west corner of the project, is that correct? Other than Meridian Planning and Zoning Commission May 11, 1999 Page 100 that I think it would be a nice addition. Just a few things that I don’t think the plan shows. MacCoy: Okay, thank you for your comments. Anybody else who would like to make a comment on the side of the plus? Anybody here want to make any negative comments about this moving in here. Seeing none, okay. It’s back to you commissioners, what do you want to do? Barbeiro: I would like to ask Mr. Leavell a question please. WILLIAM LEAVELL. Barbeiro: With regards to Mr. Ross’s request for a chain link fence with slats or a wood fence, it appears to be about 1200 lineal feet of fence. Leavell: That’s no problem at all, we told him last night that it would be done too. My wife talked to him on the phone. Yes, it will be done. Probably before we start building. If we start building. Barbeiro: Mr. Ross you are aware of this then? Rossman: Mr. Ross, we can’t record you from back there, you will need to step up to the microphone. Ross: I had that conversation about 8:30 last night. I told her it was just a matter of record that I come and speak my piece. Go down in the annuals. MacCoy: You have any other questions? Barbeiro: No, I have no further questions. Borup: Mr. Leavell, do you have a fence around your phase 1 project? Leavell: Most of it yes, three sides. Borup: Okay, so you would just be continuing the same fence essentially. I guess that’s a good question, type of fence that you’ve got up there now? Leavell: It is a six foot slat wood. MacCoy: We are still working on Item No. 9 for rezone, that’s the first part of this, from an R-8 to a R-15, what is your desire? Meridian Planning and Zoning Commission May 11, 1999 Page 101 Barbeiro: Mr. Chairman, I move we close the public hearing. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Can we end up with…. De Weerd: I’m concerned, I don’t see any staff comments in here. You don’t have any? Stiles: There are none. De Weerd: I’ve never seen that happen before. MacCoy: Item 10 you’ve got a letter in here, or comment in here. Stiles: Just a letter requesting that you continue the public hearing so that we will have a chance to review it and comment on it. MacCoy: That’s not—that’s number 10, right? Stiles: That’s both of them. MacCoy: Because we didn’t have it in the other one. Borup: We had it in number nine. Rossman: Shari what is the purpose that you think the hearing ought to be continued? Stiles: Not be continued? Rossman: Did you say that there is a letter indicating that staff request that the hearing be continued? Stiles: Yes. MacCoy: May 7th letter, but it’s in the package for Item No. 10, not in the package for Item No. 9. Borup: Mine is in No. 9. Meridian Planning and Zoning Commission May 11, 1999 Page 102 MacCoy: Is it in 9? I don’t have it in mine. I do too, there it is there. I do have it. I just didn’t get this one opened up. Barbeiro: After our discussions with the architect Mr. Knopp he is under the impression that there will not be the need for significant redesign of this project. I would like to ask staff if they have that same belief? Stiles: No I don’t, staff fully supports the extension of Badley as a public street. The letter submitted for Mr. Bowman, the police chief told me tonight that it was inappropriate that he commented on it. He is not, is in no way involved in the land use planning and Chief Gordon did want that known that the letter was inappropriate. So staff does support Badley, I’m not sure about the other public street coming in from Fairview, but we would have numerous comments on this project. There is an existing billboard on this site they are proposing to use as their signage. You know we haven’t even begun to make any comments regarding this site because fire department supports this street, public works department supports this street, planning and zoning supports this street. It’s obvious by looking at the plan, if our recommendations are taken into account and you agree with them, the site plan, we would be wasting our time to review the site plan. MacCoy: All right, you closed the public hearing, do you have any problems with that as far as zoning or do you want to back track? Barbeiro: Mr. Chairman, allow me to back track based upon staff’s notes, I would like to continue the public hearing to our next scheduled meeting. MacCoy: Of June 8th . Do I have a second for that type of… Borup: Question, was it anticipated that they would have a response from ACHD prior to that or in enough time for staff to review? MacCoy: What by June 8th ? Borup: What subdivision is Badley coming—that’s tying into a subdivision it looks like. We don’t have… Stiles: Sterling Creek Subdivision, it came through as Elvira. Borup: Oh, okay, I remember. De Weerd: I second that. Meridian Planning and Zoning Commission May 11, 1999 Page 103 MacCoy: To open the public hearing again. Barbeiro: I asked to continue the public hearing. MacCoy: I know, I’m waiting for the second. Rossman: Technically the motion should be to reopen the public hearing and continue it. De Weerd: I would second a motion to reopen. Barbeiro: I stand corrected, I wish to reopen the public hearing and then continue it to our next scheduled date. De Weerd: Which is June 8th . MacCoy: All in favor? MOTION CARRIED: All ayes. Barbeiro: I thought for sure no comments were attributed to the architects fine work. ITEM NO. 10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL—END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: MacCoy: We’ve already heard from—staff do you want to say anything about Item No. 10? Stiles: Nothing further. MacCoy: Does the applicant want to have anything to say at this time for Item No. 10, which is the conditional use permit, nothing more than just to say that your comments can be carried further. LARRY KNOPP, 355 S. 3RD STREET. Knopp: I have nothing to add to… MacCoy: So you want to carry your remarks forward to Item No. 10 in other words. Thank you. Meridian Planning and Zoning Commission May 11, 1999 Page 104 MacCoy: Do you have any questions for Mr. Knopp at this point? De Weerd: No, but I would move to continue this to June 8th . Borup: Second. MacCoy: Okay I guess we are going to get that taken care of too. Any discussion? No. All in favor? MOTION CARRIED: All ayes. MacCoy: All ayes have it No. 10 will be continued. ITEM NO. 11: PUBLIC HEARING: REQUEST FOR REZONE OF .323 ACRES FROM R-15 TO L-O) BY MATTHEW & DANITA HARTZ—1990 N. MERIDIAN RD. MERIDIAN, ID: Stiles; Mr. Chairman, commissioners, you have our staff report dated May 7, 1999. This is an existing residence on Meridian Road. It’s zoned R-15, they are proposing to rezone it to L-O to allow use for music instruction and sale of music supplies and instruments. With the conditions that we’ve outlined in our memo, staff recommends approval. I would like to do detailed signage review and hopefully that could be handled at staff level. If it was something that we didn’t approve, we would get your input. MacCoy: Is that it for you two? Bruce do you have anything? Stiles: We did need a new legal description to match up to the center line of the road. MacCoy: Bruce is still figuring this out or what? Okay, is the applicant here then? Please come forward and state your name and address. MATTHEW HARTZ, 1990 N. MERIDIAN RD., MERIDIAN, ID. Hartz: I do understand that a realtor worked on it yesterday and found three more existing surveys on the property that one of them. I should if I don’t have that then I will get a surveyor to come out and do that, that’s not a problem at all. MacCoy: Anything else you want to say about your project or your property? Hartz: Other than my wife and I specialize in music construction, violin especially. The house is a 1905 structure with a lot of original cabinetry on the inside that has been Meridian Planning and Zoning Commission May 11, 1999 Page 105 preserved and it really, really fits that vibe real well. The project lends itself well to teaching facility because of the multiple bedrooms and things like that and everything. MacCoy: Did you research this the standpoint that it’s 1905? Hartz: Yes. MacCoy: I was going to ask you what kind of vintage was you are buying here. Is it in pretty good condition? Hartz: Yes, it was completely—well, other than me remodeling the kitchen a little bit with my father, it was completely redone before I moved in, by the owner who I bought it from in November of 1997. MacCoy: It’s nice to find old homes that have stood the test of time. Do you have any problem with the general comments or… Hartz: No, none at all. The one I guess question that I have when you know as far as dedicating the 48 feet of right-of-way is that I will have the 20 foot setback for the landscaping. When and if that does happen after hearing about all this, if I have to have another 20 foot setback, from another 18 feet, that’s going to put that pretty close to—I’m worried a little bit about modifying my parking situation a little bit, but not much. MacCoy: What about signage for your place? Hartz: We are going to do a real nice just a pole sign. There are existing—not a pull sign. (Inaudible) There is a little iron gate over the entrance of the property right now. We are just going to put just a small hanging sign right there. MacCoy: Would you please give us a diagram of that so staff can do that? Hartz: Yes, that will all be provided. MacCoy: Commissioners do you have anything you want to ask him? Barbeiro: I peddle by your house every week, I think it is fabulous that you come up with an innovative way to make use of the property. Hartz: Well, the one thing that—it just, we found out by living there, it doesn’t work as a residence anymore just because of the high volume of traffic and the lack of the residences around it. Mr. Evans to the south, he is all for this. Right across the street is L-O too. Meridian Planning and Zoning Commission May 11, 1999 Page 106 MacCoy: You can sit down then, since this is a public hearing is there anybody here who would like to support his request? If not, is anybody here wishing to state that they don’t care for him to rezone his place? I don’t see none of each. Back to the commissioners again. This is a rezone from R-15 to L-O. What do you want to do? Borup: Mr. Chairman, I move we recommend—Close the public hearing first. De Weerd: Second. MacCoy: I would like to have that happen. All in favor? MOTION CARRIED: All ayes. MacCoy: Thank you, now go ahead. Borup: Mr. Chairman, I move we recommend the approval of rezone of .323 acres from R-15 to L-O to include all staff comments. De Weerd: Second. MacCoy: Okay, any discussion? De Weerd: Nope. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Okay you can go home and be happy with that one. You waited a long time. Good luck to you. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR MULTIPLE BUILDINGS ON ONE LOT BY WES WORCESTER D/B/A SANTEE CONSTRUCTION—SOUTH OF E PINE ST & WEST OF N RALSTIN ST: MacCoy: Staff what do you want to tell me now. Us? Stiles: Mr. Chairman, commissioners, we have reviewed this application and you have our comments dated May 7, 1999. Had no major problems with it, I think most of it could be (Inaudible) in the building permit review process because we will be watching him really closely. MacCoy: All right, would the applicant take the stand. Meridian Planning and Zoning Commission May 11, 1999 Page 107 WES WORCESTER, 10065 WESTVIEW DR., BOISE, ID. Worcester: We concur with all of staff’s comments. I have had the site plan redrawn for the fifth time trying to incorporate some of those items. I’ve got that (Inaudible) look at it as I comment on the items that we’ve already addressed if you want to. MacCoy: Is yours different from ours? We had a… Worcester: This one’s got all those clarified. I’ll go over what we’ve got so far. I’ll address those items. (Inaudible) No utilities are shown on the site plan details indicate how building three will be served. We’ve had the architect extend the main lines to the third building that is on the end there. They are not designated on the plans you’ve got there. We don’t have a detail for signage, because we are not going to have any. The only thing we will have is numbers on the buildings for each individual space and wall signs. Pinnacle is doing the civil engineering and he is going to be addressing all the other comments from staff. We did have a problem with landscaping and the existing irrigation drainage easement to the rear of the property. What we did to ease that a little bit is we are proposing to move that building number three to the north and to the east and line it up with that 20 foot planting easement. Two reasons for doing that is that the architect in my opinion have put that building too close to that easement and he also put some trees in that easement. So we are going to loose the trees and I would like to move that building to enhance that planting area for the use of the entire complex and also give us a wider driveway on the south side. On that particular first site plan we listed 33 three inch caliber trees. I’ll work with Shari on that. We don’t want to have the trees in that easement for that irrigation district. All right now, I think on the revised site plan they are down to 28. I think we are still within the ratio. If we are not, we will put more trees in. On the—when we were moving that one little building around, we also are suggesting that we move the one trash enclosure into the rear of the property line and that would give us better access to it and better utilization for building number three. If we do that then we are going to loose the sidewalks bordering on that one side which have no utility what so ever to the project. We better service for the vehicles. On the screening fence we concur, in fact that is what we wanted initially and the architect was overzealous with the tress, arborvitae trees. That’s not a very effective screen nor security for the folks that are going to be occupying that. We would propose to replace the arborvitae screen with a fence with slats. I think by doing so, with more Maples going up over the screen fence that would break up the profile of the building a little bit better. Barbeiro: Where are we talking? Meridian Planning and Zoning Commission May 11, 1999 Page 108 Worcester: We’re on to the arborvitae trees and the—originally the architect was going to screen the project with arborvitae trees and more Maples and there was no fence there at the time. Barbeiro: So we are on the south side of the property? Worcester: Yes. We are going to go entirely around the project with a fence with slats in it for screening purposes and for security purposes. Barbeiro: A six foot chain link with slats. Worcester: Yes. The arborvitae’s wouldn’t give us very good security. There is also a maintenance factor there. We are going to loose quite a few of those and then we are going to be continually replanting them. We elected to do away with the arborvitae trees and put the fence with the slats around the project. The more Maple trees we are hoping will be larger, well they will be large enough to go up over the screen so that will break up the profiles of the buildings a little bit more. Barbeiro: Is that compatible with the existing city’s landscaping requirements? Worcester: That was staff’s recommendation No. 8 on general—I’m sorry, site specific comments. MacCoy: Do you have clients for this already? Worcester: Oh yeah, on building number three that is fully occupied. It’s not occupied yet, but it will be once it’s built. MacCoy: What type of people are going in here? Worcester: The ones that are going in the back is a heating company, heating and cooling. De Weerd: Are they nice? Worcester: Sure. De Weerd: I’m sorry, it’s getting late. Malcolm asked what type of people. (Inaudible) Meridian Planning and Zoning Commission May 11, 1999 Page 109 Worcester: The other thing I note was that the architect was (Inaudible) was the 26 foot driveway ingress/egress and the property is going to have to be changed to 30 feet. That’s an ACHD requirement. We will concur. De Weerd: Shari is that what you wanted with the chain link fence with slats? Stiles: You mean did I request that? De Weerd: Yeah. Stiles: No, the landscaping requirement is met with the trees that they are proposing. Sure would be nice to see the landscaping, the sod and trees. I think what he is worrying about is security of the building. I’m not sure he needs that kind of security in the… Worcester: We don’t need the slats, but I think I would prefer to have the fence around it yes. Stiles: Does the Plumbers Union already have some fencing already in place there on the property line? Worcester: I think it’s the Plumbers Union, there is chain link fence in the area. That’s what we were going to go along with. As I recall, there is also chain link fence on the property to the south too. I don’t think they have slats in theirs. I think it’s just chain link fence. Stiles: Our requirement is just to have screening fence around areas where they have outdoor storage of equipment and materials. I don’t think they will have any outdoor storage of equipment and materials. They don’t have room to put any back there. Worcester: You’ve got a ten foot easement back in there and I was frightened for that, but I want to go to property line, but architect suggested not to do that because of the property line walls that would be required. We know how to get around that, but he convinced me to have that little ten foot space back in there with a man door for utilization for the folks that are going to be in the spaces for break rooms or whatever the case may be. I concurred with that, but as far as I’m concerned I could just go right up to the property line and the opening is allowed and have a tight (Inaudible) building, but I don’t think that’s what we want to do. I don’t think that would enhance the project to do that. I think it would better enhance to have a screening fence surrounding the project for two purposes, one for the screen of course and then the other is for security. Meridian Planning and Zoning Commission May 11, 1999 Page 110 Stiles: It’s actually a pretty nice design I think for an industrial area, it’s an industrial subdivision. Worcester: We want to do a split face block which you folks have discussed earlier and then I want to put a regular gable roof, truss assembly on it. I’ve chosen green color, there is one over in Nampa, it’s really striking, the green really offsets the split face block and by having a four, twelve slope that accentuates the roofline and green is pretty good color. MacCoy: You’ve got a what green asphalt roof? Worcester: Yeah, it would be a green architecture shingles, (Inaudible). Then on the gable ends I’m going to put a green metal. De Weerd: Then you should have your green trees. Worcester: Then we’ll have green trees. We’ve got more Maples that will only be green in the summer time I guess. Freckleton: Mr. Chairman, I did have some questions of Mr. Wes. What color is the installation going to be? Worcester: It’s going to be pink. Freckleton: Wes used to be a building inspector for the City of Meridian. MacCoy: Is that right? Freckleton: Yeah, so we’ve got to dig at him a little bit. Seriously I did have a question, type of construction. I’m sure you’ve considered your occupancy types with what kind of a water main you’ve got going in there (inaudible) too much water line going in. Worcester: That six inch—I think you’ve got a six inch main there for a fire hydrant and a two inch main for water usage. We are going to go with a type 3 N or a type 3-1 hour depending on what type of flow Skip tells me I’ve got out there. If that doesn’t work, then what we will do is sprinkle the building. As far as water mains are concerned, the fixture counts can be pretty minimum. Each space is only going to have a his and hers restroom. So you are going to have only two fixtures per space. Two fixture count. Freckleton: He’s only got, unless I’m just not seeing it. He’s only got a one two inch line shown going in here. Meridian Planning and Zoning Commission May 11, 1999 Page 111 Worcester: Right, that may change, we may run two, but I don’t know what you’ve got out there. What I was told is I had access to one two inch line, but that was in the comments from, I believe it was public works you did that. Tell me what you’ve got out there and we’ll get her in there. Freckleton: See me tomorrow. Worcester: It has provisions for an one six inch fire line and a one two inch domestic service. On the two inch line, how many fixtures can I have on it? Freckleton: I don’t know, we are going to have to check flows and pressures out there. Worcester: It sounds like I’ve got more there than I need if I have a six inch main coming in. Freckleton: That’s all I had. MacCoy: Any more questions. Barbeiro: Wes… Worcester: Wooooster, you are on the right track. I thought you were going to say my last name, maybe you weren’t. Barbeiro: After that weekend in Vegas I could call you by your first name. Worcester: Tom and I were in construction management class together at BSU, we went down to a tournament down in Vegas. Barbeiro: (Inaudible) remember. You are going to build building three first, that’s the one that you have leased and then you are going to build others as you lease them or will you build them all? Worcester: I think we are going to go through the whole project in it’s entirety. I may phase the split face block bit I want to put all the improvements in and at least the footings and foundations and if there is a stagnant period there, then I’ll hold off going up with the walls, but everything else is going to be there. MacCoy: Any other questions? Thank you very much. Is there anyone—since this is a public hearing, is there anybody who would like to speak in favor of this establishment? Okay, anybody here wish to speak in the other direction of this, they don’t care for this building? None. Okay, that takes care of the public hearing. Commissioners? Meridian Planning and Zoning Commission May 11, 1999 Page 112 Barbeiro: Mr. Commissioner, I move that we close the public hearing. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: What are you doing? (Inaudible) MacCoy: Commissioners, what do you want to do? De Weerd: I move that we approve—that we recommend approval of the conditional use permit for multiple buildings on one lot. MacCoy: What about the comments from staff? De Weerd: Include all comments submitted regarding this. Borup: Second. MacCoy: Any discussion? I guess not. All in favor? MOTION CARRIED: All ayes. MacCoy: Thank you Mr. Worcester. ITEM NO. 13: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A BANK WITH DRIVE-THRU LANES BY OLSON & ASSOCIATES (HOME FEDERAL)—SOUTHEAST CORNER OF FRANKLIN AND MERIDIAN ROAD: MacCoy: Is the applicant here? As he is walking forward, staff do you have any comments at this point? Stiles: Well, I guess I’ll explain something. Mr. Chairman, commissioners, this is at the southeast corner of Franklin and Meridian Road, currently there is a JJ Recreation building there. They did come into our office and went over the plan. We asked them to provide the 20 foot across the street from the mobile home park, which they did, they had room to accommodate that. I know that we’ve been asking for anything from 20-35 feet on these, what we’ve termed as our entry way corridors. In this case because of Meridian Planning and Zoning Commission May 11, 1999 Page 113 the landscaping and the plan that they did provide we had no problem going down to what they show at 7’ 8” on Franklin Road. That was primarily considering there is zero landscaping to the north. Kitty corner from this site they had been approved to, I believe go down to ten feet on Franklin Road. The fact that the mobile home park, it’s not a mobile home park, it’s an actual subdivision on the southwest corner has no landscaping so, it’s a nice plan, we did ask for the landscaping all along the frontage of Meridian to be completed with this building. I still don’t have any response to our comments as part of their presentation. This is my bank and I want you to hurry. Rossman: Thanks for disclosing the conflict of interest. De Weerd: Good thing you don’t have a vote. MacCoy: I hope the architect cleans his drawing up. He’s not really sure where this building is. Okay. Applicant? STEVE PAVLICK, OLSON & ASSOCIATES ARCHITECTS, 1789 BROADWAY. Pavlick: Home Federal will be moving across from their current location on E. 1st and Franklin to this new location. Their access will be off of Franklin Road, their main access which will be a common access for a future development to the east also. Their secondary access will be off Meridian Road which is approximately 250 from the intersection. ACHD would not allow an access on their property directly on their property so they have another access off of Meridian Road, and that landscaped area, I think Shari was talking about was the piece that Home Federal would not own and which they’re probably not in agreement to go ahead and landscape. They would not go own it or have any way to landscape it or maintain or anything like that. Utilities on the project will be all located on the rear which is the south part of the building. Gas, water and power will come off of Meridian Road, and they’ll be underground and the meters will be on the back side of the project. Drainage will all be kept on site. There will be a drainage swale on Meridian Road side with retention fit. A retention fit on the entrance into Franklin. The landscaping plan that we show include 11 trees which meets the city’s requirements for three inch caliper trees, and the other issue that came up was providing more landscaping along the drive through area to the east and the reason there wasn’t any landscaping shown there was for security purposes on that. Bob Golley from Home Federal is here and could express that in more detail if you would like. If there’s any more questions from the Board, I would be more than happy to answer or Bob also. MacCoy: Any questions from the Commissioners? Borup: Yes, Mr. Chairman. That access road from the south, you say that is south of the bank’s property line then? Meridian Planning and Zoning Commission May 11, 1999 Page 114 Pavlick: Yes. We show it colored right now. That is their property line where the coloring stops. Borup: What’s the situation on the road to the south then? Pavlick: That would be a common access. Borup: Owned by? Pavlick: Owned by the seller. The people that they’re buying the property from. They’ll have access from that owner across that property to Home Federal. Borup: Okay, so he owns additional property there. Pavlick: Yes, the owner who is selling this parcel owns from Meridian Road to E.1st , that whole ½ block. Borup: I’m talking about to the south. Pavlick: (Inaudible) Borup: Okay, and it’s the piece between that access road and Meridian that the discussion was on landscaping that. (Inaudible) Borup: But apparently you’ve worked out some agreement on the access road though. (Inaudible) Pavlick: Franklin Road may become a right in / right out in the future, so they would like to have a second access off there to their property and ACHD would not allow us to have a curb cut on the property because it was too close to the – Borup: Right, it would be. Well maybe – one of the staff’s questions on landscaping along that easement I think maybe the question in my mind would be and maybe I need some more input from Shari, but if you can negotiate across an access in there, an access road, probably something could be negotiated on taking care of landscaping in there too. That’s just going to be a graveled weed patch along that area then? Pavlick: It will be fine graded out. The access will be paved asphalt. Meridian Planning and Zoning Commission May 11, 1999 Page 115 Borup: No, I knew the road would be, but – Pavlick: We’re not sure what may happen in that future development of that may change that the way that access happens there. That may become a parking lot or so forth. De Weerd: So you think you may not have that access? Pavlick: No, that access will stay, but I’m saying how it comes in may get changed. There’s a possibility that it could change. De Weerd: I think Commissioner Borup is asking if you can get that access, that area between the access road and Meridian Road, why can that not be landscaped? That would be my question if that’s not Commissioner Borup’s. Pavlick: You’re asking Home Federal to landscape someone else’s property and then maintain it. Borup: Who is maintaining the access road? Pavlick: It would be up to Home Federal. It would be a brand new road they’re paying to put in now. Borup: But that’s just what you just got through saying. Pavlick: The access will be – Borup: Home Federal would be maintaining that access road that – Pavlick: The little maintenance that there will be on there. Borup: I don’t know if anybody asked Home Federal to maintain it. Maybe they did. Maybe the present property owner needs to. De Weerd: I have no questions at this time. MacCoy: This is a public hearing. Anybody here would like to speak in favor of this project come to the podium. All right, anybody who is not in favor of this project come to the podium now. Seeing that nobody wants to get up, back to the Commissioners again. Barbeiro: Mr. Chairman, I move that we suspend the public hearing. Meridian Planning and Zoning Commission May 11, 1999 Page 116 MacCoy: You mean close? Barbeiro: Close. MacCoy: The hour is late. Okay, do I hear a second? Borup: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES. MacCoy: What is your desires? Barbeiro: Mr. Chairman, I move that we recommend approval of the conditional use permit for a bank with drive through lanes, including staff comments. De Weerd: Well do you want to do something with the site specific comment number five where it asks for additional trees to screen the drive through lanes? Borup: That’s the one they said was a security problem. De Weerd: Right, I know. Would he like to strike that? It’s your motion. MacCoy: I don’t hear a second. De Weerd: I want to know what his intent is before I second. Barbeiro: I wish to amend my (End of Tape) Barbeiro: … to strike five of the site specific comments, which reads “landscaping of 20 foot wide strip adjacent to Meridian Road needs to be provided south of the proposed property line as part of this development. Additional trees to screen drive through range are desirable.” MacCoy: Shari. Stiles: You’re proposing to strike that entire thing? De Weerd: No, just the last sentence. Stiles: Oh. Meridian Planning and Zoning Commission May 11, 1999 Page 117 Barbeiro: I amend my – De Weerd: Before you amend anything, I have another question. Number nine, the 17 foot parking spaces, have you gotten resolution on that or is that still an issue? Stiles: No, I think that’s okay since they do provide additional sidewalk area. They’re going to have the overhang anyway, and it should function just fine. De Weerd: Okay. Barbeiro: With Commissioner De Weerd’s – MacCoy: You want to either restate this or how do you want to do it? Barbeiro: I would like to withdraw my motion and defer to Commissioner De Weerd. De Weerd: That’s what I get for trying to be specific. Okay, well I would move that we recommend approval of the conditional use permit for a bank with drive-thru lanes and to omit the last sentence of site specific comment No. 5. Also to disregard No. 9 about the 17 foot—well, I don’t need to do that. This last sentence clarifies it. Okay. That was really easy Tom. MacCoy: Still waiting for a second though. Rossman: I have a question, where you say just strike the last sentence of site specific comment No. 5, in other words are you requiring that they landscape the 20 foot wide strip that they don’t own? De Weerd: I would certainly like to see them pursue the possibility of doing that. Rossman: Okay. That will require a further, I guess easement agreement with the owner of the property. MacCoy: That’s what I gather. A motion is still on the floor, do I hear anything or are we going to die for something else. Borup: Shari what would happen with our little no mans land there then as far as maintenance of the—just under city ordinance as far as weed control, etc.? Stiles: There is no other use of the property except for landscaping. They are using the driveway, they are accessing their development from that driveway. It doesn’t make sense not to improve it now. It is not going to change. Meridian Planning and Zoning Commission May 11, 1999 Page 118 Borup: Which they would need some type of agreement with the present property owner. Stiles: I’m not sure the lot has even been split yet, it’s not a—like I say, it’s just section land. It’s never been part of a plat. Even if it were just grass, it would be better than dirt. MacCoy: Somebody has to mow the grass then. Borup: I would think that Home Federal would be concerned about their image, someone driving through an area like that. MacCoy: I agree. Borup: Did we have a second? Did we get a full motion? MacCoy: Yes, she gave you a full motion. De Weerd: I just struck that last sentence about…. Borup: I second. MacCoy: Second, okay. Anymore discussion? If not, all in favor? MOTION CARRIED: All ayes. ITEM NO. 14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR SPECIALTY RETAIL MUSIC STORE BY JOHN BEAGLEY—NORTH OF OVERLAND ROAD, BETWEEN S. LOCUST GROVE ROAD & S. EAGLE ROAD (2400 E. OVERLAND RD): MacCoy: Staff? Stiles: Mr. Chairman, commissioners, our staff report dated May 6, 1999 we ask that you incorporate those comments. Probably could look at something more than a 64 foot monument sign on the freeway there. We would like to see some details of the signage here. This property was originally annexed when St. Luke’s was annexed. It was all part of the same process. There is a development agreement required as a condition of the annexation and I’m sure there is some future use of this property because there is a whole lot that is still open there but they have come back with their revision to show a 35 foot landscape strip on the freeway and on Overland Road. I believe they realize that all the parking and driveway areas will need to be paved. I would like them to maybe think a little bit more about the design of their southern exterior elevation there. It makes it look a little difficult to know where you are going, Meridian Planning and Zoning Commission May 11, 1999 Page 119 but maybe so the appeal from Overland Road is as much as it is from the freeway side. Other than that, I had no particular concerns with this project. There are no utilities to the site at this time and I believe that the applicant realizes that they would not be able to get building permits until those utilities were brought to the site. MacCoy: Is that it? Okay, is the applicant here? JOHN BEAGLEY, 667 W. CONVULT, EAGLE, ID. Beagley: We are looking to just apply for the—what’s the word, for a conditional use permit to put a retail music store on that location. We think—we’ve read the report of the staff and concur with all the changes that are necessary on the preliminary plans. I think it would be a very big asset to the City of Meridian and we’d like to go ahead and move on from here. MacCoy: What made you pick a site like that? Beagley: It was the smallest of all the freeway. Well, we have several relatives and close associates in the music business as well who have done very well placing their retail locations very visible from—on a freeway location like that. We’re currently in the Town Square Mall in Boise and we would like to relocate and have a freestanding location outside of that area. MacCoy: I was just curious. Okay, when you get around to deciding on a sign, wish you would put it into our staff so we could take a look at it. Anything else you want to say about your business? Beagley: No. MacCoy: Okay, commissioners any questions? De Weerd: I just wanted to know what the natural state is. It says to remain a natural state. What does that mean? Is it in weeds or… Beagley: The remaining property? De Weerd: Yeah, the property that you don’t have detailed. It just says to remain in natural state and I was just asking what that meant. Beagley: Yes, there is an existing home and a shop on that property right now that we will more than likely be moved and we haven’t made any plans for the additional property at this time. Meridian Planning and Zoning Commission May 11, 1999 Page 120 De Weerd: But is it in grass or weeds or bark or, what is the natural state? Beagley: Dirt. De Weerd: So how will you maintain that area in the natural state? Beagley: Dirt. De Weerd: You will keep weeds down and you know, it’s not going to be unsightly. Beagley: Yes. De Weerd: It’s not going to be unsightly. You know, I did have a suggestion. I couldn’t figure out where your entrance was. So you know, you can always come up with some ideas, but you could landscape a little bit more over in that direction so it leads people over there. Beagley: We will take that into consideration. MacCoy: Using the general or the existing site driveway. (Inaudible) MacCoy: The house… Borup: The other side isn’t it? De Weerd: Yeah, it’s over here. Beagley: At the moment yes. MacCoy: The original existing house still sitting there. So they do have the driveway off of Overland. De Weerd: I did notice the guy waiving, but you know, he’s not going to be out there all the time is he? Beagley: Holding the sign up, 50% off of furniture. MacCoy: Boy it’s getting late, we are in bad shape. Okay, do you have anymore questions of the applicant? If not, you can sit down and we’ll ask the other questions since we are all in the hilarity here. Any applicant here wish to stand up and (Inaudible) Meridian Planning and Zoning Commission May 11, 1999 Page 121 onto his job? You have no help here do you? Wait till I ask the other half of the question. Anybody here who is against this? Watch everybody stand up. De Weerd: You are all here for moral support at 2:00 in the morning? You are true friends. MacCoy: Either that or they are all family. I don’t know which. Okay, it’s a public hearing, if nobody else wants to talk, what is the motion? Barbeiro: Mr. Chairman, I move that we close the public hearing. De Weerd: Well no, I think we should discuss this building. Barbeiro: You are serious? De Weerd: Yeah, if Byron was here I would be letting him down… Borup: Someone’s got to take over Byron’s job. (Inaudible) Borup: Are you talking about the south elevation Tammy? De Weerd: Yeah. Well, and not knowing where exactly the entrance is once you get in the parking lot. (Inaudible) Borup: I would agree, but the building is not close to the highway, not close to Overland Road, there is landscaping between Overland and here. MacCoy: Would the applicant… Borup: I think if the applicant—I mean if his customers have trouble that’s kind of their problem. MacCoy: Would the applicant come forward please. You’ve been sitting too long anyway. I’m curious as to what you are going to make the building out of? Beagley: Split block. MacCoy: That’s what I thought from looking at it. Roof, what kind of roof? Slope, flat? Meridian Planning and Zoning Commission May 11, 1999 Page 122 Beagley: Flat roof. Yes. MacCoy: What do you mean yes, what? Beagley: Water resistant. Piano’s don’t take too kindly to water dripping on them. We will have proper signage addressing where people need to go as they come up to the building. MacCoy: Are you looking at a split block of a color? Are you going to have a gray or what? Beagley: Kind of a gray, not really, I think we were going to do a two tone. We really haven't choose the color yet, but it will. MacCoy: Someone’s definition to conform. De Weerd: Green is nice. Beagley: Green with pink insulation. MacCoy: You’ve been here too long, I can see that. Anything else that you want to say about the building? It’s just a building as far as you are concerned. De Weerd: You will have landscaping to break that up, I assume. Beagley: Yes. Yes. It will be clearly defined how to get into the building, once they get there. (Inaudible) MacCoy: Any other questions for the applicant? De Weerd: No. MacCoy: I guess you can sit down now. De Weerd: Just the comment that it would nice with some landscaping or something. MacCoy: Well, he’s going to have to show it. De Weerd: Okay, I move we close this public hearing. MacCoy: Do I hear a second? Meridian Planning and Zoning Commission May 11, 1999 Page 123 Barbeiro: I second the motion. MacCoy: Okay, public hearing is closed. Okay, what do you want to do? Barbeiro: MR. Chairman, I move that we approve the, excuse me, recommend approval of the conditional use permit for a specialty retail music store with staff comments. Borup: Second. MacCoy: Any discussion? Okay, all in favor? MOTION CARRIED: All ayes. MacCoy: All right sir, you are free to go. What other thing can we do now? Borup: Let’s do No. 15 again. Rossman: Mr. Chairman, somebody very unwisely did pull one of these consent agenda items that… Borup: Yes, it’s right here on the desk. De Weerd: Not unwisely. Rossman: Must be addressed before we close this public hearing. MacCoy: No. C is that it? De Weerd: I asked to pull B3, because our ordinance does not allow two dwellings on one lot. Borup: That’s within our city limits. De Weerd: Yes, but we have also recommended against other proposed issues like this. (Inaudible) De Weerd: We’ve turned them down before, we’ve recommended against them before because it doesn’t conform with our ordinance, so are we going to change it now? Meridian Planning and Zoning Commission May 11, 1999 Page 124 Stiles: If they are going to remove a manufactured or mobile home and build a new home and they put some kind of restriction like 20 days after occupancy… De Weerd: Yes, but they said after applying for a special exemption, then they are going to apply for temporary living with no stated time frame. That’s going to—they are going to keep that out there for their parents. They are going to move into the house and give the parents… Borup: You want to throw the parents out in the street? De Weerd: No I don’t, but I’m trying to be consistent with what we’ve done in the past. Stiles: They could apply for a temporary living quarters. Borup: That’s what they said they would do. Isn’t their a special deal for family, related members. Stiles: This temporary living quarters which is more of a hardship type of thing and basically they have the requirement that as soon as people die then they… De Weerd: What if they live like Wally Lovan’s Clubhouse did? Borup: Does the county have a special related—same thing, temporary living quarters? Stiles: Well we don’t have a temporary living quarters. Borup: No, but the county does. De Weerd: Well, my comment was to be consistent with the rest of—I know that we’ve done one or two others of these to recommend against it because they were not consistent with our ordinances. Stiles: I’m sorry, I didn’t see that in the application. I thought they were just asking for the temporary, asking to leave that building there until they got their other house built. De Weerd: They were, but then they were going to come back once they moved into the new home to request temporary living quarters for his parents, his disabled parents. Borup: So she wants to throw disabled parents out on the street. De Weerd: I’m sorry, I’m just trying to be consistent. Hey, I’ve made a lot of friends tonight, I tell you. Meridian Planning and Zoning Commission May 11, 1999 Page 125 Stiles: That is a little different. Just tell them that we could support it—what do you want me to write we would support it as long as the temporary was removed as soon as the house was built. Tell them to build big enough so the parents can live in the same structure with them? De Weerd: So moved. That sounded good. Barbeiro: Second. (Inaudible) MOTION CARRIED: All ayes. MEETING ADJOURNED AT 1:26 AM (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ______________________________ MALCOLM MACCOY, CHAIRMAN ATTEST: __________________________________ WILLIAM G. BERG, JR., CITY CLERK