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1998 09-08MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 The regular meeting of the Meridian Planning and Zoning Commission was called to order at 7:01 P.M. by Malcolm MacCoy. MEMBERS PRESENT: Malcolm MacCoy, Mark Nelson, Tammy De Weerd, Keith Borup. OTHERS PRESENT: Eric Rossman, Shari Stiles, Bruce Freckleton, Will Berg. MacCoy: Welcome to the Meridian Planning and Zoning meeting for September 8, 1998. The first items are the business, is the minutes of the previous meeting held on August 11, 1998. Is there any comments commissioners or corrections. Borup: I have none. De Weerd: I have none. Nelson: I have none. MacCoy: What’s your flavor? De Weerd: I move to accept the minutes as presented. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: The meeting minutes of the special meeting held August 31, 1998. De Weerd: Mr. Chairman, I have no changes. Borup: I have none. Nelson: I have no comments. MacCoy: What’s is you desires? De Weerd: Mr. Chairman, I would like to move to accept the minutes of the special meeting held August 31. Nelson: Second. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 2 MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Approved and passed. Before we start this evening, I want to reiterate something that we started this summer because of the long meetings we’ve been having to live with. We ask that the presenters hold their comments to 15 minutes or less. If they need more, then they will have to ask for, the commissioners will decide if they should allow an extension. For those of you in the public, we have a time for you people. We’d like to have a time put in about five minutes, if you could hold it at that. We’d appreciate that for keeping this meeting down to a reasonable level and if somebody in the public is said what you planned to say, then there is no need for you to get up and it’s already in the record and it’s all in tape. We get a print out of that, so it’s a requirement that everything is recorded from the public and we would like to keep the redundancy down if that’s at all possible. If you have something special that you would like to add, you are free to come up and do that. I’m not trying to limit you from the stand point that nobody can speak except one. That’s not what I’m saying. I’m saying lets kind of try to keep the meeting at a reasonable moving time period. For those of you that are here for one of these. I have a notice given to the commissioners here. This is from our counsel, he has said that on your agenda this evening, that the item #2 which was a Findings of Fact and Conclusions of Law for the Terra Townhouse Subdivisions, item #4 Findings of Fact and Conclusions of Law for Tina Carrico, item #5 Findings of Fact and Conclusions of Law for Mel Lacy, item #6 Findings of Fact and Conclusions of Law for the Troutner Business Park Development Corporation, all four of those even though we are here to hear Findings of Fact, we have none in our hands, the attorneys have not prepared them for us, so we can not pass on those this evening. So if you’re here for any one of those, you are free to leave or stay and listen to everything else. I’ve also been informed just a few moments ago, that item #11 and we’ll take that a continued public hearing, that we still have not received the final on the ACHD material, but we will continue the public hearing anyway, but it will have to be kept at this level until we receive those. Item #13 which is also a public hearing for John Biss, we have a problem with posting time, as well as no material from ACHD so that also will have to stay at this level. It’s a public hearing, and we can entertain anybody that wants to talk on that at that time. With all that said, I’m going to start off with item #1. ITEM NO. 1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES (R-2) BY WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE. MacCoy: Commissioners? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 3 Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. Nelson: Second. MacCoy: Any discussion? Nelson: I have none. MacCoy: Commissioner Borup? Borup: Aye. MacCoy: Commissioner Byron Smith is absent. Commissioner Mark Nelson? Nelson: Aye. MacCoy: Commissioner De Weerd? De Weerd: Aye. MacCoy: Okay, make that comment for the record. We have all yeahs, a motion passed and a decision recommendation. Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve annexation and zoning that is stated in these Findings of Fact and Conclusions of Law for the property described in the application with the conditions set forth that the applicant be specifically required to meet all the ordinance of the City of Meridian specifically including the development agreement and that if the applicant isn’t not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: All ayes, motion approved and passed. (Inaudible) MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 4 ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS – EAST OF W. 7TH AND SOUTH OF IDAHO. MacCoy: Since that’s a finding, we have no findings. De Weerd: To table? Okay, Mr. Chairman, I would like to move to table the Findings of Fact and Conclusions of Law for Terra Townhouse Subdivision till October 13th . MacCoy: Do I hear a second? Borup: Second. MacCoy: Any discussions? All in favor? MOTION CARRIED: All ayes. ITEM NO. 3: FINDINGS OF FACT AND CONCLUSIONS OF LAW REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING FOR STARBUCK’S BY SUE GENTY – 1742 E. FAIRVIEW AVENUE: De Weerd: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Borup: Second. MacCoy: Roll call. Commissioner Borup? Borup: Aye. MacCoy: Commissioner Smith is absent. Commissioner De Weerd? De Weerd: Aye. MacCoy: Commissioner Nelson? Nelson: Aye. MacCoy: Any discussions at this point? I guess none. Recommendation? De Weerd: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for outside seating with the conditions set forth in the MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 5 Findings of Fact and Conclusions of Law and all the ordinances of the City of Meridian. Borup: Second. MacCoy: Thank you, all in favor? MOTION CARRIED: All ayes. MacCoy: We’re going to run through a couple of these. ITEM NO. 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR GROUP DAYCARE BY TINA CARRICO – 2052 N. LARK PLACE: MacCoy: Commissioners? Nelson: Mr. Chairman, I would like to make a motion that we table this item until our October 13th meeting. De Weerd: Second. MacCoy: Any discussion? Seeing none. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY – 1414 N. MERIDIAN ROAD: Nelson: Mr. Chairman, I would like to make a motion to table this item until our October 13th meeting. De Weerd: Second. MacCoy: Any discussions? None, okay. All in favor? MOTION CARRIED: All ayes. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. – S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 6 Nelson: Mr. Chairman, I would like to make a motion that we table this item until our October 13th meeting. De Weerd: Second. MacCoy: Discussion? All in favor? MOTION CARRIED: All ayes. De Weerd: Mr. Chairman, I think we need to reverse the order of seven and eight. MacCoy: I think you are correct on that too. She’s right. Rossman: It appears to me that it would be appropriate to address the Findings of Fact and Conclusions of Law before you move on to the Plat approval. De Weerd: Mr. Chairman, I guess there was a question as to several items that were mentioned in the Findings. A letter from the school district and a building that was mentioned in the staffs comments and that’s why we tabled the conditional use permit. MacCoy: I agree with commissioner De Weerd and also with our counsel. We will switch no. 8 to no. 7. We’ll move up no. 8 and come back to no. 7. ITEM NO. 8: TABLED AUGUST 11, 1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (48 UNITS ON 8.53 ACRES) – THE VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT – NORTHWEST OF CHERRY LANE VILLAGE NO. 1: Borup: Mr. Chairman, probably the easiest to handle this is ask staff if all their items of concern was included in the revised plat. MacCoy: Staff, Shari? Bruce? I guess we’ll wait for a few moments. Shari did you hear the question? I guess you did, okay. Stiles: Chairman MacCoy, commissioners, I got this just today in my box and hadn’t had a lot of chance to review it. It appears that most of the items that we’d asked for had been addressed. They have added one duplex lot from the original findings and probably that may need to be revisited into the findings, I don’t know if that can just be done by your motion, but … I don’t know if the last time you looked at it whether that parking was incorporated in there, the additional parking area. Without actually reviewing this against what the findings are, I’m not positive that all those findings are consistent with what we’ve been presented. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 7 MacCoy: Shari do you have anymore to add at this moment? Stiles: I seem to recall on this project that they had made some concessions as to minimum house size adjacent to the lots in Golf View Estates No. 2. The note that is still shown on here shows the minimum house site is 1250 square feet. I don’t know if you recall that? MacCoy: We had discussed that, but I don’t know what our final decision was. Maybe Commissioner Borup has something to review. Commissioner Borup, did you hear what Shari had… Borup: I’m sorry, did I hear her comment? MacCoy: Yes. Borup: No, I didn’t. MacCoy: Shari would you repeat the comment please. Stiles: There was some discussion previously about making the house sizes larger next to Golf View Estates No. 2, I believe the minimum house size in that subdivision is 1,800 square feet. Do you recall? Borup: I don’t recall that that was one of our requests. I know there was some comment, but there was also a irrigation ditch and a pretty good buffer there, with no direct access. That’s my recollection. Did you say they added another lot, or another duplex lot? I’ve got three plats up here, so I think I’ve compared the most two recent ones. Stiles: From the findings it showed that there were nine duplex lots, there are now ten. That was back from… Borup: I still have ten on my previous one, that’s why I was confused. Stiles: I think the findings still reflected the original submittal. Borup: That must have been from perhaps the testimony on what their intention is. My—the notes that I had on my previous plat coincide with the ones that they’ve got marked duplex on this. Whatever that means. I think most of the comments—one of the reasons we table this was technical information is missing on the plats. Some of it was—one big concern was the path along the ditch. It looks like they included a conceptual there. Which is I think what one of the staff requests. I think some of the other things were more specific plat type comments, if I remember right. I don’t believe, I don’t know that the commission MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 8 had any other concerns other than that those specific items that staff had mentioned were included. De Weerd: Some of those were on the pressure sewer main. Has that been answered? Freckleton: Yes it has. They got—they’re calling it lot 47, which is out of sequence for lot numbering, it should be 38, it looks like, but they do have a common lot now. However, in the notes, it’s not reflected as a common lot. De Weerd: You wanted detail on who was to maintain that, included in their… Freckleton: There should be a note on that plat that references the common lot, calls it out as a common lot to be owned and maintained by the homeowners association, with a blanket easement for the City of Meridian for sanitary sewer. Borup: I think the question that we have is, is this plat to the state that we can in good conscious send it on to City Council? Stiles: Commissioners, I would like to see the note added and the Findings changed to reflect what is here now. On page 21 of the findings, Mr. Bradbury stated that most of the homes are proposed to be in excess of 1600 to 1700 square feet, I would like that to be designated which lots and what sizes of homes are the minimums for each lot. De Weerd: You would like that noted in the findings? Stiles: I would like that part of it noted on the plat. The findings changed to reflect what we have before us now. De Weerd: I believe that was one of our requests, so that is not noted on the plat then. The new plat? Stiles: The minimum house size, or… De Weerd: How many lots met the R-4 and how many don’t. If the existing road was changed with what the proposed, and did we receive comments from ACHD? Stiles: We received comments from Ada County Highway District, previously, the first time this came through. De Weerd: Okay, but we haven’t received anything again to reflect what the applicants have told us. Stiles: Nothing new, no. I don’t think that they changed the roadway system. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 9 Freckleton: Commissioner De Weerd, the information that was requested regarding the zoning and setback variances is in the table of the right hand corner on the plat. MacCoy: Keep in mind commissioners that we’re still talking on item no. 8, which is Findings of Fact and Conclusions of Law and the plat comes on number seven. De Weerd: These were items that we had issues with in our findings. MacCoy: Just so we’re keeping straight the two items. De Weerd: I guess the findings have, they’ve been revised not to reflect the building that was supposed to be on site, that is not going to be on site. Stiles: They do show the existing club house, I don’t believe that has anything to indicate that’s going to be removed. They do show an outline of the existing club house on Lot 4, Block 1. De Weerd: On page 29 we have 19 and then the next item is item no. 29. Mr. Chairman, on these findings they have on page 29, item 19 and then they jump to item 29. In these findings, do we need to amend them before we can pass them? (Inaudible) Berg: Commissioner De Weerd, on page 29, you are referring to where you think it skips from 19 to 29, if you notice the indention 17,18,19, so it isn’t a skip. De Weerd: So if we were to amend these…one of the items that we mentioned was item 14 on page 28, that refers to the maintenance building. Would we then request that that be omitted? MacCoy: That was the agreement that was made at the time we had the hearing. He said he would remove that off the final plat. So if you’ve got it covered in the findings, then it’s going to have to be done. Shari, Item 14 in the findings of facts, referring to the maintenance building which was stated—that’s page 28. That was to be omitted, the applicants made that statement. We agreed to scratch that I thought. Is that your recollection? Borup: Mr. Chairman, that’s what my notes show. MacCoy: Thank you. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 10 Stiles: I don’t recall on the storage area. I don’t remember that you requested them to take out the parking that was shown on our previous version of this plat, particularly around—they had some parking stalls shown adjacent to the duplex lots and those have been removed. I don’t recall that being requested to be removed. De Weerd: I don’t recall that either. Mr. Chairman, can we table this and review the plat so we can get response from the applicant? MacCoy: We like to have it on the record. You request to see the applicant at this moment or are we talking among ourselves here. Borup: The plat is a continued public hearing. MacCoy: The plat is, right. We’re on item eight right now for Findings of Fact. Borup: That’s why I was talking about tabling that item, all our questions seem to pertain to the plat and revising the findings to reflect the revised plat. MacCoy: Well, if that’s your desire, I don’t see why not. That’s up to you. Rossman: There is no reason why that can’t be done and probably should be done to expedite this process. MacCoy: Yes, do you want to have motion? De Weerd: Mr. Chairman, I move that we table item no. 8 for the conditional use permit. Nelson: Second. De Weerd: Until… (Inaudible) De Weerd: Until after the public hearing for the preliminary plat, item no. 7. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Item eight will be tabled until after item seven has been reviewed and we’ll come back to that. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 11 ITEM NO. 7: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT (48 LOTS ON 8.53 ACRES) FOR THE VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT—NORTHWEST OF CHERRY LANE VILLAGE NO. 1: MacCoy: We’re open for public hearing, does anybody here have any comments to make on this subject on this point, can come forward. I didn’t know if you were here yet. Rossman: Please state your name and spell your last name, we don’t need to swear you in, unless you’re going to give facts. Bradbury: Steve bradbury, I’m the attorney representing Steiner Development, my address is 877 Main Street in Boise. Where do you want to start. Rossman: It looks like there are some things that are perhaps, somewhat confusing. MacCoy: You have heard the comments haven’t you, you were here. Do you want to start answering some of those right now. Bradbury: I’ll try. Let me first say that I think some of the confusion and the difficulty is that in the findings that you folks have before you on the conditional use permit is listed a series of comments that were made in the original staff report that was prepared for the submittal that was made some nine months ago in January. Those same comments have been carried forward through the findings even though the plat was ordered revised by the City Council last spring and some of those comments just don’t pertain anymore. It think that might be part of the reason we are struggling some. I’ll try to go through them at least the ones that I can remember. Rossman: Mr. Bradbury, if you could identify for us specifically what comments are no longer applicable, that would help us. Bradbury: I can try. I’ll go through and see which ones I can find. I know that number seven on page 27 doesn’t apply because there’s no three unit lot anymore, no triplex or three unit townhouse lot. Let me back up and say this, there was also some question about how many two unit duplex lots, there were originally three duplex lots, three two unit townhouses for a total of six and one three unit townhouse for a total of three, plus the six made the nine. When the City Council ordered the plat revised, the number of lots, the total number of lots in the plat was reduced by three. So there is no longer 48 building lots, but 45 and I may be getting my numbers fouled up here, but there was a total of reduction in number of lots by three. As a result of the City Council’s requirement that the plat be revised. In the same revision, the number of duplex MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 12 lots then was increased to ten. We used to have a total of nine of these zero lot line lots and now there are a total of ten, although there is a net reduction of lots in the entire subdivision of three fewer lots and with one additional duplex lot. In any event, that might help to explain why the numbers might be somewhat different. Number seven on page 27 I don’t think applies to this, because it’s not the same project. De Weerd: Number nine I think was mentioned. The letter from the school district. Bradbury: I’ve never understood what letter we’re looking for from the school district, I guess. The reason that it’s been somewhat of a confusion to me is that we’ve had private roads proposed and they would be gated, so that—I don’t think the school district has any interest in any of these roads. I don’t think the school district would anticipate taking school buses onto private roads. If that’s what we’re talking about—I’m trying to help you here, but I don’t think that the school district is going to have any interest on commenting upon private roads. De Weerd: I don’t believe that they only comment on roads, they comment on homes and how the children impact the schools. Bradbury: I’ll read the comment. The letter of approval from the Meridian Fire Department… Borup: It was my understanding that the comment was because they were private roads, if the fire department could fee comfortable with their trucks in there and the only reason that I can see that the school district having a concern is like Mr. Bradbury mentioned on bussing. I believe that was the only reason— was that your understanding… (Inaudible) Borup: Did you have any comment on that? MacCoy: You are correct on part of that, but Commissioner De Weerd has also commented, if you remember some of the letters that we received from the school district comments on children… Borup: They always say the same thing. MacCoy: Give away their secret. De Weerd: They spend a lot of time on those letters. Bradbury: Number 14 talked about a maintenance building, as we explained a couple of meetings ago, the intention is to provide, is to contract for all of the MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 13 maintenance by a private contracting company. There would be no need for a maintenance building on site. None has ever been proposed for this project, ever. We are consistent on that. Somewhere I thought, there it is, the comment asking for interlock and being continued through as a public street to provide access to the club house. That was a matter that was taken up with the Highway District some time ago. You should’ve received back in June a copy of the ACHD findings which approve the private roads and eliminated the previous requirement for a connection through. Matter of fact, at the meeting in July, I handed that submittal to Mr. Berg. So number 16 doesn’t, at least with respect to the portion of it, that talks about a connection through no longer applies. I think that’s—those are the ones that I can put my finger on right now. There were probably others throughout the document and I didn’t go through and mark all of them. When we were here before you, there were a number of things that you asked for. One was whether it was to provide a common lot for the pressure sewer main, which Mr. Freckleton points out is number 47 on this plat. When this thing was originally presented to the commission, back in January, the argument that we made about not making that into a common lot because that provides, it is essentially a useless landscape area, that has no value to homeowners association, because it’s remote from anything that is useable. Our argument at the time was, why don’t we just restrict the buildings from being on top of that portion of the lot, so it can be usable for somebody, someday. I say somebody, someday because this is a temporary sewer line easement here, eventually it’s going to be routed some other direction. Apparently that got lost in the translation. When we were here in July, you folks asked for it to be a common lot, that’s what you’ve got. You’ve got a common lot. If you don’t think it makes sense, we’ll take it back out, but if you want it, now you’ve got it. That one is up to you folks and we’re just trying to get along. You also asked for a specific notation of which lots were what sizes. They are all there, listed, every single one of them. What all the set backs, the requested setbacks are. They’re all there on the plat. You asked for a landscape plan and I understand that was delivered to you with the preliminary plat. You were concerned about the road alignment. Where the public road meets the proposed private road. The engineers as I understand, I’m not one as you know, the engineers in preparing the plat you have before you, have got it lined up so it all meets. If you have any questions about that, our project engineer Keith Jacobs is here in the room and he can ask, answer any questions you have. As it’s been explained to me, it lines up with the existing right of way, now of course, so there is no confusion about it, there is also some additional land that is included in the subdivision which will be built into the roadway. I can see you are trying to find out where I’m pointing over here, down here at the entry. The existing road lines up with the proposed road, according to the engineers. I think that’s everything, have I missed something? De Weerd: Fencing. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 14 Bradbury: That’s right, the proposal is to provide some sort of wrought iron or similar fencing along the golf course side of the canal and standard—okay, I’m saying that wrong, I don’t want to get you confused. At the rear of the lots adjacent to the canal which is between the subdivision and the golf course. The proposal is to use some sort of wrought iron or similar fencing there. On the balance of the subdivision would be a standard cedar fencing. De Weerd: Along your entry way? In this area. Kind of where you were showing that the road would be expanded from what the engineering shows. What you are going to do along these lots, to separate them from the roadside. Bradbury: Those lots all take access from that road. De Weerd: Okay, so they wouldn’t go through the gated community park. These are outside of the gated community. Bradbury: That’s correct. De Weerd: Those were my questions. MacCoy: Mr. Nelson, do you have any? Nelson: I have no questions. MacCoy: Mr. Borup, do you have anymore? Borup: Yes Mr. Chairman, I have a question for Mr. Freckleton, concerning the comment on the common lot. I guess first of all, is this a temporary sewer line that isn’t going to be abandoned, Mr. Freckleton? Freckleton: Yes it is commissioner Borup. The lift station that pressure main comes from is in the Golf View Estates Subdivision. When the sewer line, the trunk line is built in Black Cat Road, the sewer will gravity float to Black Cat therefore, the lift station would be abandoned at that point in time. Until such time though, that is a pressure main, it would make a big mess if it got broke into. We feel that it is imperative that it be a common lot. With a common lot, I’ve talked to Mr. Cambell about this scenario before, is that—at such time that it is vacated, that common lot could be deeded to that adjacent property owner to be part of his lot. Bradbury: I think I remember this conversation now, the concern was if it’s an easement through someone’s lot, they are going to mentally claim it, if there is a problem going in there and doing the work. It’s a lot more (Inaudible) if it’s a common lot and there is no ones permission to ask. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 15 Freckleton: And our access is impeded, so we have to have access to that 24 hours a day. Borup: Yeah, I think that is the same thing. So does that make sense Mr. Brabury to deed it over at the time and… Bradbury: You can have it the way you like it. Borup: I think we’ve got to go by past experience when they’ve gone in and had problems with… Bradbury: That’s completely understandable. Borup: That’s all I had Mr. Chairman. MacCoy: Is there any more questions for the applicant? This is still an open public hearing, is there anybody who would like to make a comment now. De Weerd: Mr. Chairman, I would like to know if staff have any further comment on this conditional use—preliminary plat. Stiles: I still have a question about the preliminary plat that I received June 9th , it’s dated the minimum house size was 1,304 and why it was changed to 1,250 that we received September 1st . I’m still not satisfied that they’ve designated the lots correctly on this plat. None of the house plans that were submitted with their conditional use application, they know that’s part of the conditional use application. None of those house sizes showed the 1,250 square feet, so I don’t know why that was revised and I still don’t know that he’s answered the question why the parking was taken out, unless that was a request of P & Z. MacCoy: Mr. Bradbury, would you come forth, staff has some questions. Bradbury: Sure, I’ve been (Inaudible) I meant to address that one, the only thing that is different, that area still exists for parking, it’s just that the lines aren’t shown on this plat. If you take the two plats and hold them together, you see that the space is still there, it’s just that the lines aren’t drawn in on the plat to show the stripping of the parking area. If you folks want to make the provision of the number of parking space, a condition of approval of the conditional use, that’s perfectly acceptable to us. It’s just that typically, I don’t think we see parking – a stripping plan shown on a preliminary plat. We are trying to make this thing right to you, to the best of our ability. We seem to be missing. House sizes, I was trying to figure that one out too, because I think that the original proposal called for a minimum house size in the subdivision of 1,250 square feet, and we’re talking about the two unit townhouse units that we’ve been talking about. For some reason, the 1,300 sq. ft. got printed on some document somewhere and I don’t think it ever intended to be there. There was also at one point in time a MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 16 drawing that was prepared for you folks and the City Council that showed the distribution, what we expected we would see, in terms of the distribution of various house sizes. Throughout those lots in the subdivision and of course since then, the plat has been revised as required by the City Council so that… (END OF TAPE) Bradbury: …substantially larger, so I’m not sure what was originally shown as a conceptual distribution of house sizes holds true today. We haven’t attempted to provide you with a distribution of house sizes because we all know that’s going to change. We don’t know exactly which house is going to be built and what size of house is going to be built on exactly what lot, these are after all individual lots that will be sold to people and they will probably want to select which house they want to build and what size of the house they want to build on each of their lots. If you folks are concerned about having minimum house sizes of some size in some locations, that’s fine, tell us what you want. If the developer can live with that, then it’s a done deal. If not, then I guess we will try to figure some way to work it out with you folks. What we’re trying to do is not get too terribly, not get you too terribly—we started out, because this thing has changed it’s become very confusing about what—which lots are what size and which locations according to which plat and I guess you have to understand now that we’ve been before this body at least four times, perhaps five and the City Council once and twice between. As a result of recommendations made by staff and as a result of recommendations made by this body and as a result of recommendations that are directives that are made by City Council the plat has in fact changed. With the change of the plat, so too have the plans with respect to the conditional use permit. So that was probably a long explanation of trying to say, if you have some ideas about minimum house sizes, in particular locations, feel free. We will do what you folks would like to have done if at all possible. Borup: Mr. Chairman, I’ve only got three plats up here. The one that we just received, the one from June and the previous one that has a November 18th 1997 date on it. The first two both said 1,304 sq. ft. on house sizes. If there was an earlier one that said something different, I don’t have a copy of it. So the only one that has a 1,250 is just the one that arrived this week. Does any of the commissioners have anything different? De Weerd: I’ve only been here since June. MacCoy: I think our real question is what is our base number for house site. We don’t expect you to tell us exactly what lot, because we understand that some developments goes on here. I would like to know the minimum size that we are going to hear about being (Inaudible). Rossman: Mr. Chairman, maybe the applicant may be looking for some direction? Is that… MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 17 Bradbury: While I’m looking for direction, I’m leafing through the booklet that was submitted with the application clear back in January. I’m looking at plan six and seven that are behind tab six and…I’m thinking that these plans for the duplex lots are for about 1,250 sq. ft. There may have been a number on the plat, which I think was maybe wrong. Freckleton: Mr. Chairman, in the booklet, that was submitted February 1998, minimum square footage of structures is listed as 1,304 sq. ft. Page 3 of the findings also lists 1,304 sq. ft. MacCoy: That’s what we want to know. Bradbury: He’s right, just as he said it, I found it too. It does say 1,304 sq. ft. Perhaps I’m not remembering things correctly. Borup: Mr. Bradbury, does the booklet have some of the duplex or two unit structures listed in it. Bradbury: Yes. Borup: Was that under tab six, behind tab six? Bradbury: The reason I’m hesitating, I’m not sure you’ve got the same—we’ve got two different booklets, yeah, it’s behind tab six. I was leafing through and trying to figure that out, because if you look at plan six and seven… Borup: Those are one half of a two unit? Bradbury: Right. I think they are about 1,250 sq. ft. which was what was originally proposed. Borup: Well and that’s maybe where I was leading to Mr. Chairman. I think we need to keep the single family residences at the 1,304 as I think all the documents state. Maybe we could open for discussion on the size on the two unit structures. A 1,250 minimum there would be a 2,500 ft. building. Is that acceptable? Sounds like, I think maybe the planning administrator would like to comment on that. (Inaudible) Stiles: Commissioners, I wouldn’t particularly have a problem with the duplex units being reduced in size. Our ordinance does require that the minimum house size has to be designated on the plat. I don’t think it’s acceptable to put the minimum house size at 1,304 or whatever it is. They made representations repeatedly that the majority of these homes will be 1,600-1,700 sq. ft. I think MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 18 they need to indicate on the plat exactly how many of these are going to be 1,600-1,700 sq. ft. whether it’s exact designation of which lots, the ones particularly along Golf View Estates need to be designated that, then the majority of them, they could simply put a number. It’ll be a record keeping process for us in the building department, but it’s better than having a note on there that says 1,250 or 1,304 and they come in to get a building permit and nobody is monitoring it, all they see is that note and there is no record of any other requirement and I don’t want to get into that. MacCoy: Good comment. Bradbury: That makes sense to me too. We could maybe do a percentage distribution, so many have to be so at such, such size. If that’s what you would like to see. MacCoy: How’s that Shari? Borup: Mr. Chairman, I’m not sure if the building department would agree with the record keeping part of that, I don’t know. I’m trying to keep track of how many. What would be wrong with stating the minimum size on the duplex at 1,250 and specifically indicating—we’re only looking at four or five lots along Golf View Frontage, and those are the large ones. The ones that I’m seeing are 80- 84 foot frontage. Those maybe appropriate for larger footage and those could be designated right on the plat, and then perhaps the others could be based on the square footage of the lot. I think the very lot sizes are consistent with what the city has done in the past when the minimum has been less than the 1,350 across the board. I guess some comments from staff, but also Mr. Bradbury, would that make sense to maybe have a lot size based on the specific lots and that would be based on the square footage. Maybe those over the 8,000 feet would be the whatever size we are talking about here. Whether it’s 1,600 or 1,500 or whatever. Bradbury: It certain makes sense to me that you might want to impose a specific minimum house size on the lots that are adjacent to Golf View because those are the lots that the City Council wanted to have enlarged. Perhaps the minimum house size on those that you folks are comfortable with, we could do. I guess the typical, or standard R-4 minimum I think is 1,400 or 1,401 something like that. Obviously that number is acceptable, if it’s a larger number that you are looking for, that’s okay too. Another area you might want to think about calling out specifically perhaps are these lots 2-9 that go along the golf course there. Those all were also, those lots were made larger as a result of the request of the City Council. So they would all, they would easily accommodate larger homes. I am a little reluctant to try and specifically call out a minimum house size for every lot along there, it just may turn out that somebody may really like a golf course house and really only want 1,500 sq. ft. or whatever the number is. Like I said, MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 19 we’re trying to do something that you folks will—I can finally get this thing out of your hair, if we can. Borup: How many lots do we have on the golf—is that 31-34? (Inaudible) Bradbury: Golf View, that’s 31-34, correct. MacCoy: Bruce, do you have any comments on this? Stiles: Chairman MacCoy, commissioners. I still think that most of the lots need to be 1,600-1,700 sq. ft. that’s what they have represented repeatedly. I would say most means more than 50%. The easiest way for—if you went with the 8,000 sq. ft. there is only five that are 8,000 sq. ft. The easiest way for us to track it would be a definite designation on those lots that we are going to require the 1,600, minimum 1,600 sq. ft. unit and those would preferably be the ones on the perimeter next to the golf course and next to Golf View Estates. However many it takes to make the majority of the lots minimum 1,600 and then the rest of them could be the—I don’t know, I guess a 1,304, which is what they represented on their application as the minimum. If the commissioners want to approve a different size for the duplex units, that’s fine. I interpret most as being 51%. MacCoy: Very good, thank you. Commissioner Borup, any comments? Borup: I guess my interpretation is a little bit different. I know that most would be more than half, but I took that as part of testimony. All the written documentation had the 1,304. The packet that they submitted had the 1,300 the plat said that. Truthfully, I don’t think Mr. Bradbury or anybody knows. The marketplace is going to determine that. It does make sense to me if we are going to do as Ms. Stiles mentioned, there are only five that are over 8,000. We designated the Golf View and the golf course lots, I already counted that once and now I’ve forgot the count. There is 12 of them there, in that total. I guess I would be reluctant to go beyond that from my part. It may well be that the percentage will be there. Some of it may have been by past experience and other phases I don’t know, but that’s to me seems fairly restrictive. I guess what I’m saying through a designation with the minimum size on those 12 lots. Perhaps a reduction on the two unit buildings and then leave the rest as submitted. MacCoy: Commissioner De Weerd, do you have any questions on that? De Weerd: I just wondered Mr. Bradbury what you thought the applicant would think about the 50% over 1,600 sq. ft. The duplex unit is a minimum of 1,250 and the remaining lots a minimum 1,304. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 20 Bradbury: Unfortunately I haven’t talked to him specifically about that requirement, I can’t really give you a, yeah that’s fine, or no that’s not fine. My gut instinct tells me that it will be disturbing to them because of the lack of flexibility, maybe it won’t be a big deal, because I think these folks have the idea that they are going to try and get larger homes built in there. I don’t know, I wish I could give you a better answer. Nelson: I have a question Mr. Bradbury. Can you respond to Shari’s impression that more than 50% of the lots were going to be over 1,600? She must have gotten that impression from somewhere, so someone… Bradbury: The developers vision certainly was and is that the homes in this subdivision that most of them will be in the 1,600-1,700 sq. ft. range. Nelson: You don’t want your vision in writing though? Bradbury: Well, it’s in writing, you’ve got it in front of you. That’s what was submitted with the application. The question really is that if you folks are inclined to make that vision a condition of approval. Which, I think you are entitled to do if that’s your decision. I guess I’ll leave it at that. MacCoy: Commissioners, any other comments, questions, requests. Nelson: I’d just like to comment that I could support either approach and I think the proximity to the golf course is going to push a lot of those house sizes up anyway. The very minimum are going to make it to the 1,600 anyway. So I’m comfortable in not making that an absolute. I’m supporting commissioner Borup, is what I’m trying to say. Rossman: Before we get to any more comments, I guess we should either ask further questions or wrap up the public hearing. MacCoy: That’s what I’m going to do next but I’m waiting for them to finish this process right now. We’re almost down to that point, I think. Rossman: Then we can open it up for discussion. MacCoy: Lets see if we can finish questioning him. Commissioner De Weerd? De Weerd: I have no questions. MacCoy: Commissioner Nelson? Nelson: I have no questions. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 21 MacCoy: Commissioner Borup? Borup: I have none other than, I only found in one sentence the mention of the 1,600-1,700 feet. It may be other places, but… MacCoy: Do you have anymore questions? Borup: No, that’s all I have. MacCoy: Okay, thanks Mr. Bradbury, you can sit down. Anybody else in the audience here have any comments to make. If not, I’m going to—staff do you have anything else that you want to add? I want to close the public hearing at this point and commissioners, what is your desires. De Weerd: Mr. Chairman, just for a point of view, in this Mr. Bradbury did mention that most of the homes would be an excess of 1,600-1,700 sq. ft. That was during a public hearing. The people that came to testify, they did hear that same comment, so I would not feel comfortable changing something that wasn’t during a public hearing. MacCoy: So what is your desire. De Weerd: I guess my desire would be to make the 50% of the minimum lot requirements over 1,600 sq. ft to include lots 31-34 and 2-9. The remaining lots would be a minimum of 1,304, with the exception of the duplex units as a minimum of 1,250. That’s what I would be comfortable with. MacCoy: Is that a motion? De Weerd: What would it be a motion to? Just to change this preliminary plat? MacCoy: I’ve got to have an approval for a preliminary plat. De Weerd: Okay, sure, I’ll try that. I would move that we approve the preliminary plat for the Villas at the Lakes Subdivision to include the parking area, as was on the past plat that would include five spaces as well that it would show 50% of the lots would have a minimum of a 1,600 sq. ft. to include lots 31-34, lots 2-9 that the remaining lots be a minimum of 1,304 with the exception of the duplex units at a minimum of 1,250. MacCoy: Do I have a second on that? Without a second, things are going to fail. Alright, is there another motion. Borup: First maybe the information Mr. Chairman, unless it was mentioned elsewhere and it may have been, but the July 14th meeting I think was the one that made the comment on the size. Mr. Bradbury was responding to a question MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 22 from commissioner Mac Coy. Commissioner MacCoy’s question was about the homeowners association and who going to take care of those and it is going to be costly for them. It’s kind of a different subject. His reply was “I don’t think this is going to be a cheap old subdivision, that’s not the mark that these guys are after. These guys are after, these guys are after the market, the bulk of the homes in the subdivision and you don’t have them (Inaudible) submitted here six months ago, the bulk of the homes are proposed to be in excess of 1,600-1,700 ft. So we are not talking about a number, just little boxes. I know these aren’t mansions by any means, but they are reasonably sized homes. The market is to try and find people, said in the past meeting with you to try to find people who want and have nice homes and secured environment, but have a bunch of yard and maintenance duties,” probably was stated not have a bunch. “You are right, they are going to have a fair amount of homeowners dues in order to maintain, (Inaudible) private road, with a pathway, etc.” Perhaps it did come up in one of the earlier ones, and maybe that’s where it was, but this comment was (Inaudible) the maintenance. MacCoy: Okay, do you have a motion to make then? Borup: I would move that… MacCoy: Shari, you have a comment. Stiles: Commissioners, I would also like to direct you to tab ten of the document that they submitted. It shows 33 of the units will be over 1,600 sq. ft. Now if we can’t rely on the applications that they submit… Borup: Which tab? Stiles: Eight. Borup: Oh, eight. De Weerd: I could restate my motion. Stiles: It doesn’t show anything less than 1,300 sq. ft. Borup: Can that tab, for the record it shows a product mix of the entire subdivision. MacCoy: Since it was submitted as a document then, unless it has been changed. We have nothing to show that it’s been changed, document wise. Borup: Commissioner De Weerd, was your motion 50%? De Weerd: Yes it was. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 23 Borup: Do we know how many lots we’re talking about? That’s also changed. Are we around 43 lots, around 43? De Weerd: Yeah 43. Borup: So you are saying that half would be 22? The original documentation had (Inaudible) 34 over 1,600 feet in the original booklet. That’s, I’m not sure if the total lot, well, the lot count was also reduced in that time too. Okay, Commissioner De Weerd, would you like to state your motion? De Weerd: Maybe I want to change it. Borup: One question for Mr. Freckleton. The common lot, the plat has numbered at 47, should that be 38? Freckleton: It appears that it should be, yes. Borup: The common lot was number a lot number 47, right next to lot 37. I guess what they did was… De Weerd: It’s out of sequence. Borup: What they did was numbered all the building lots and then left over common lots they started at the end of the building lot sequence. It’s still confusing on the blocks. MacCoy: On your map, 38 is the private streets on this material. Borup: Okay, because of the private streets, we’ve only got one block on this and this. So Mr. Freckleton, does that still stay the same or does it make any difference since they are all one block. Freckleton: Shari just pointed out that there are 43 lots. When you do have a private street, that street has to be a lot number. It does make it hard to have consecutive numbering of lots. Borup: Okay, so we’re fine on the numbering? Freckleton: Yeah. De Weerd: One clarification I’d like from Shari is on the new table that you pointed out, all of those lots, with the exception of the duplex and the triplex, we’re going to be over 600 sq. ft. Is that what? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 24 Stiles: Commissioner De Weerd, it showed everything but the duplex lots and four other lots would be 1,600 or greater. De Weerd: So if we subtracted out the duplex lots and the four additional lots that they were requesting that would leave 29 lots, right? So I could amend it rather than 22 go to 29 on my motion? Is that correct? Rossman: You need to make a new motion. You need to make the motion, state the motion. MacCoy: We are waiting for a motion. De Weerd: Okay, well I will based on this table that I see, I will make a motion. I would like to move to approve the preliminary plat for the Villas at the Lakes Subdivision, with the change of noting the parking area to include five parking spaces that 29 lots need to meet a minimum 1,600 sq. ft. per unit to include lots 31-34 and lots 2-9, that the duplex units need to be a minimum of 1,250 sq. ft. and the remaining lots a minimum of 1,304. MacCoy: Do I hear a second? Borup: Second. MacCoy: Any discussion? I think we’ve had a lot of discussion already. All in favor? MOTION CARRIED: Two ayes, one nay, and one absent. Borup: Just a comment, Mr. Bradbury might want to pass along sometimes it is not necessarily good to put too much information in the packet. MacCoy: Alright, moving on back to item no.8. That which was tabled earlier this evening. ITEM NO. 8: TABLED BEFORE ITEM NO. 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (48 UNITS ON 8.53 ACRES) – THE VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT – NORTHWEST OF CHERRY LAND VILLAGE NO. 1: MacCoy: Commissioners? De Weerd: I assume that I could make a motion to approve the Findings of Fact with the amendments that were noted previously? MacCoy: On item no. 7, which is the preliminary plat. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 25 De Weerd: Counsel, is that what I need to do? Rossman: It appears to me that the Findings of Fact that we have before us are not very representative of what we need to decide or what is acceptable for the commission to decide at this point. My recommendation would be, unless somebody is ready to recite what the proposed amendments were, we’re going to have to submit this for amended Findings of Fact and Conclusions of Law. De Weerd: I believe that I can do that. Rossman: Okay, then go ahead. MacCoy: Commission, it’s up to you. De Weerd: Mr. Chairman, the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Facts with the following amendments: On page 27 number 7. Rossman: What did you want to do to number seven? De Weerd: Delete. On page 28, delete number 9, 14, and part of number 16 regarding interlock and connection. The interlock and connection. That they would include the new preliminary plat incorporations. Borup: Second. MacCoy: Any discussion at this point? All in favor? We want to pull, you have an approval of Findings of Fact and Conclusions, does somebody want to read theirs? Alright, we’ll go ahead with it then. The Meridian Planning and Zoning Commission hereby adopts, need the roll call. De Weerd: I already made that in my motion. MacCoy: Yes, you did. Going down… Rossman: Just call the roll. ROLL CALL: Borup, aye. De Weerd, aye. Smith, absent. Nelson, aye. MOTION CARRIED: All ayes. MacCoy: I wanted to read the decision and recommendation. De Weerd: The Meridian and Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 26 conditional use permit requested by the applicant for the property described in the application. The applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law as amended or similar conditions as found justified and appropriate by City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the applicant by the city. MacCoy: All in favor. Borup: Second. MacCoy: Second, excuse me, you’ve got to pick up the second, yes. All in favor? MOTION CARRIED: All ayes. ITEM NO. 9: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY, INC. – SOUTHEAST CORNER OF EAGLE & FAIRVIEW: MacCoy: Before we enter into the public hearing, I’d like to make a comment. We the commissioners are very much in approval of all the letters we’ve received from you people. That’s one thing we’ve been asking for the last couple of times. We’d like to hear from you. You stand up hear and give your comments, it’s on tape which is very good and also a number of you have submitted letters. One thing I would like to comment about the letter is they are well written. They are not some of the stuff we see in the past years with all kinds of little pieces that don’t really add up to anything. They are really well thought out. I want to commend you from the standpoint too that we are very much impressed with some of the suggestions you’ve made. We’re going to consider those because they haven’t been brought up before. I just want to put that on the record this evening. It’s a great job, keep it up, that’s good. Since we are open again as a public hearing, is there anyone here that would like to standup next. Okay, the applicant would like to stand up next. LARRY DURKIN, WAS SWORN IN BY THE ATTORNEY. Durkin: Mr. Chairman I would like to hold my comments tonight in the interest of time and in the interest of repeating myself until after the public comment. Prior to that, I would like to answer any questions that you may have developed, otherwise, I will make my statements after the public comment tonight. MacCoy: Any commissioners have any questions you want to ask the applicant at this moment? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 27 Borup: No, I just appreciate his statement. Thank you. De Weerd: I do, but I’ll wait till after public testimony. MacCoy: Commissioner Nelson, do you have anything? Okay, we are open to the floor now, the public has the podium. LORELL ROGERS, WAS SWORN IN BY THE ATTORNEY. Rogers: Good evening Chairman MacCoy and commissioners. I’ve been asked by Ramond Yorgenson, President of the homeowners association and number of my fellow homeowners to be the homeowners representative in matter relating to the family center. As you requested, we’ve tried to come together on a possible barrier between the crossroad subdivision and the proposed development. There may still be some of my neighbors that will disagree with me and will speak contrary to what I say, but with the residents that were willing to help gather data and to come together on this issue, we tried to submit ideas that were both feasible and realistic. We as residents and especially the adjacent property owners prefer the colored and textured brick wall with a berm. We would also like to see trees on both side of the fence. We believe that this is the best possible barrier and buffer for our situation. We have submitted to you a few drawings and pictures showing landscaping walls and signs enforcing delivery house from around the area. We have submitted an architects rendering of the barrier that the majority of the unified residents prefer. We fully realize that no buffer will completely eliminate all site, sound or other effects of a major development, such as the Family Center. Our goal is simply to ensure that all residents, especially the adjacent property owners can enjoy a reasonable amount of quiet, privacy and freedom and freedom from other annoyances. One of the biggest impacts the Family Center will have on many of us is noise pollution. I personally did some research and study into buffers and read some news articles on barriers and other types of developments, including but not limited to stores, amphitheaters and freeways. From my research, I learned that the most success was gained where there were a masonry wall between the homes and other types of developments. That’s not to say that everybody in all these articles that I read, not everybody effected was pleased with the wall, but the majority of people were satisfied with it. One article in particular which was a study actually published by the Minnesota Pollution Agency stated specifically that walls and berms are the most practical for cutting noise. It also noted that quote shrubs and trees are worth little as tools for noise control. (Inaudible) noise control, must be at least 50 feet tall, must be in a continuous strip, 75 to 100 ft deep, must have dense foliage down to the ground and must be evergreen to supply protection year round. The barrier trees that is draw on the plan for the conceptual plan for the Family Center is not that kind of a barrier. The deciduous trees will drop their leaves in the winter and that means that we will have a good portion of our year without any buffer, until the spring comes and the leaves are MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 28 developed on the trees. Another article which was published by the Kopply (sic) News Service out of San Diego stated “the most effective method of reducing street sounds is to construct a concrete or brick wall which is at least six feet high. Such a wall can deflect nearly 60% of street sounds. A wooden fence can reduce noise only about 5%.” Street sounds in this article was defined as steady traffic late night parties and noisy children. To us, I thought this was significant because we will be having trucks behind the shopping center, we will have people cutting through. It's realistic to think that. It is possible that we will have people that will be in the parking lot making noise at night, partying or whatever. So we believe that this is a significant figure for us. We also ask that the commission require that the barrier for the—between the Family Center and Crossroad Subdivision be built before the construction begins. To help with things such as the construction noise and the dust. We do ask that dust abatement be addressed during this time and we would ask that the construction take place between daylight hours between 8 A.M. and 6 P.M. or something similar to that. Saying all this does not mean that the residents of the Crossroads Subdivision are necessarily in favor of the Family Center, it simply means if the commission votes to approve this development, that we would prefer a wall between us and the shopping center. We as the residents of the Crossroads Subdivision thank you for your time. At this time to help me answer you questions, if it’s not objectionable, I would like to ask that Alan Durrant come up and help me answer some of the questions you may have. If he could be sworn in. Rossman: That’s fine. Rogers: Do you have questions for us? De Weerd: I would. Rogers: Okay, can we have Alan be sworn in first. Rossman: Alan can you step forward please. ALAN DURRANT. WAS SWORN IN BY THE ATTORNEY. De Weerd: I guess my initial question is, of the home owners that you have talked to and shown your plans, how many live along the perimeter that will have the masonry wall in their backyard? Durrant: Probably more than half, because those are the most active people in our meetings. We’ve been having a meeting every week to get as much input from residents as we can and we’ve got the same core that shows up every week and it’s mostly probably people who live along the barrier. De Weerd: Okay, and which of the plans are you proposing at this point? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 29 Durrant: The one that we had drawn up by the architect is this one. I don’t know if you all have a copy of it, we had it shrunk down a little bit. MacCoy: That’s right we have it. Durrant: Do you have any questions specific to the plan? De Weerd: I guess my concern would be between the shopping center and the 15 foot berm, the other side that would be hidden between the wooden fence and the masonry wall. Who is going to light that, who is going to patrol it? It is a security issue. Who will maintain it? Durrant: Right, there was also a list of basic points given out with this, lets see. For the lighting it said—down here on the point that starts with eight foot high berm with eight foot high CMU block wall on top, the first page about half way down. It says the block wall to be constructed from eight inch spit face (Inaudible) colored block with stone cap. Provide common brick pillars 20 feet off center with cast stone cap as well. Then it says, provide no intrusive security lighting on the subdivision side. Fixtures to be approved by the Crossroads Homeowners Association. At that point, we kind of left that part open. We had a couple of ideas to mount the lighting light on the wall, but then some of the residents didn’t want it shining in their backyards. So we were thinking of some kind of ground lighting affect down by the concrete walkway. De Weerd: I did talk to the police department about this, when I saw the rendering and in their opinion, it seemed like it would open up a whole new area of illegal activity. It’s very invisible from the shopping center side. You’ll have a six foot wooden fence on the homeowners side. Who knows what’s going to go on between the area of those two walls. Durrant: That’s a good point. The only thing we’ve done to address that, we talked about it a little bit, everybody has back windows on their house and if you see something shady going on, you can also notify people. It also depends on how well it’s lit. De Weerd: The hand drawing is the second option? Durrant: There were several hand drawings. Everybody gave us a hand drawing at our meetings, we submitted them all so that you would have a variety of thing s to review for your own pleasure. Rogers: We tried to submit more than one option for you to consider. De Weerd: On the hand drawn ones, this one, what is the feeling of the homeowners on this option. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 30 Durrant: Which one? De Weerd: The one with the 20 foot berm. Oh, is that a 11 foot wall? Eleven foot wall with a five foot berm. Rogers: Truthfully, most people would prefer this first one, but the second one is the second option. You know, they would accept that, it wouldn’t be their first choice, but they would accept it. Durrant: They would rather have the first one, because the second option looks, like Mr. Durkin said earlier, looks like a prison wall. Rogers: That one can still be a sculptured wall, it doesn’t have to be gray, it doesn’t have to be concrete, it can be made out of nice brick, it could, you know. MacCoy: Commissioner Borup, do you have any questions. Borup: Your definition of a sculptured wall, or you talking a split face CMU or? Rogers: The residents were concerned about just gray concrete. We wanted, you know, they were thinking of colored bricks with texture to them that didn’t look—because a lot of the walls we’ve seen have been a cinder block type of thing and they wanted to get to a colored… (END OF TAPE) Borup: They painted it gray. Durrant: It was an (Inaudible) color. Rogers: But there is colored brick out there is what we’re saying. It would just— the residents would, if it was a colored brick, it would be easier, they would like the look of it better, is what I’m saying. Some of them were concerned about the look of a cement gray one. Durrant: Another point for having color back there, the brighter they make it, the easier to patrol it for any kind of suspicious activity. The darker it’s going to be back there, the worse it could be. If you had a solid gray brick wall, you couldn’t see a shadow very well. Borup: So rather than having something inconspicuous, you want it to… Rogers: We don’t want florescent yellow, that’s not what we are getting at, but you know—it’s hard to make a statement for what all the homeowners would MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 31 want, but like for instance, we’ve seen rose colored brick, or shades of brown. Those types of things… Borup: It would need to be something that is readily available. In your studies on the wall height, you mentioned the six foot wall would block 60 % of the sound. Rogers: Street sounds. Borup: The definition of street sounds you said was people talking, and… Rogers: Cars, dogs, things like that. We foresee as residents people getting out of the movie and hanging out in the parking lot and making noise, it is foreseeable. Borup: Okay, and that could apply to the movie, except for the plan all has the buildings along that side so the cars are going to be blocked by the building already. Rogers: People always cut behind malls, we’ve done it, we’ve seen other people do it. You know, we’ve seen people cut behind Waremart. There is going to be noises. There is going to be delivery trucks back there with beepers on them. Borup: That’s probably the biggest thing, but my question was if a six foot wall does 60%, how much does an 11 foot wall block? Rogers: I don’t have that answer for you. Durrant: It would kind of depend on how close the noise source was to the wall itself as to how effective it was. Borup: Well, I don’t know on this, but on most things, there is a diminishing rate of return. I think that’s true on anything. You reach a point where what you gain, you don’t gain, but what your adding (Inaudible) and I’m wondering where that point may be. Durrant: One of the points of having an eight foot wall that we’ve all discussed was basically, I’m 6’7” I can see across a six foot fence real easy. To just keep the visibility down from the other side from the shopping mall, incase someone wanted to sit on top of the wall or something, make it more inaccessible. Borup: Nothing more at this time. MacCoy: Commissioner Nelson? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 32 Nelson: I understand their concerns, I would just comment, if my yard was back there, I wouldn’t want to live in the shadow of such a big system, whatever that’s going to be. I understand your concerns with the mall though. MacCoy: Anything else? Nelson: No. MacCoy: Are you familiar with a split face block? Durrant: That’s what they’re calling for. MacCoy: That can be had in colors or rose color, I’ve seen several different types, hues of color and you can get those. They are acceptable, they do away with that concrete block prison look which nobody wants to have next to their house. I have lived in the same position in the past years and different places and the exact same place behind my house, part of my backyard was something very similar. So we I think most of us have a good feel for that already, so we—I am personally and most of us will feel that way, not all of us that you are spending time where you should be spending time and try to figure out a good solution to the buffer zone. I think that’s where you can really make a dent in this for your future life. Durrant: I have one other point, you also asked about the maintenance and what we were proposing on the maintenance is the tree and ground cover can cover the majority of the (Inaudible) behind the fence and just a little bit of grass along the other side of the fence or the walkway so the mowing to be a couple of trips through there real quick, instead of having to mow around the berms and around the trees and such, just make it a complete ground cover of some type, Shrubs and trees combination. MacCoy: I think you’re right. Borup: Mr. Chairman, I have another question for, at least while they are up here. I assume you are familiar with Patrick Harper’s proposal, did that come up in your homeowners meetings. Rogers: Patrick Harper? Yes. Borup: Any comment on that proposal? Rogers: I believe that Patrick is going to address that. Borup: I meant as a homeowners association, no comment then? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 33 Durrant: You’re talking about moving the different portions of the buildings around the traffic flow. Rogers: Most people support it. It’s difficult with 200 plus homeowners to come into an agreement. A lot of people did think it was a good idea though. Especially the well, the ones that unified, let me say that, the ones that have been coming to the meetings. MacCoy: Any more questions for these two? If not, thank you. Rogers: Thank you. Durrant: Thank you. I just got a couple of little points about the ACHD, actually is there someone from the ACHD here tonight? MacCoy: Yes there is. Durrant: I would like to hear what he has to say real quick before I bring up anything. Maybe he’ll contradict what I was thinking. MacCoy: We’ll call you back up then. Before that takes place, lets ask for anybody else on the floor here. ROBERT COURVAL, 3653 E. PRESIDENTIAL, MERIDIAN, ID. WAS SWORN IN BY ATTORNEY. Courval: Other than new matters, the only thing I have to say is that I wish this were going to be a park or remain farm land, but the reality is, it’s not. The area is zoned commercial, I would rather have a mall that is a Comprehensive Plan development, rather than a bunch of piece meal different types of buildings, give it a junked up appearance. The ACHD is going to address our traffic concerns hopefully the signs were brought up once before, I would prefer low monument signs something that is not real high, 40 feet in the air. If some kind of masonry fence is put in, I would have a (Inaudible) that it have some kind of anti-graffiti on it, to prevent having it marked up. One concern that is frequently brought up is our property values. I think it will effect our property values to some extent, my contention is that the way we maintain our property individually in the subdivision has a bigger impact on property values. I think we need to keep after capital development and our neighbors with as much zeal as we have kept after Mr. Durkin and the Planning and Zoning Commission. Do you have any questions? Rossman: Sir, before we go much further, a foundationary issue, can you provide your address please. Courvel: 3653 E. Presidential. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 34 Rossman: Thank you, go ahead. MacCoy: Commissioners? De Weerd: I have no questions. Courvel: Thank you for your time. MacCoy: I will address a little later, his statement of real estate. Any body else here? SHERRY JAYNES, 3510 E. EISENHOWER, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Jaynes: We’ve had much discussion and testimony over the zoning adoption and the timing and the residents knowledge of the zoning, so I’m not going to rehash all of that. All I’m going to say is that regardless of when the zoning was put into place and who was aware of what zoning at what time, there are people that live in the Crossroad Subdivision right now, and there is no shopping center around it and that’s just the fact of what we live with right now. There are people and families that live there and I don’t think that anybody here can suggest that the homeowners are going to be unaffected by this shopping center. I don’t think anybody can suggest that we’re just going to go on with things exactly the way they are and totally unaffected. It does appear evident from previous testimony that we’ve heard at these meetings, when the area zoning was developed significant consideration was paid to the impact and the buffering of the impact to the homeowners that any development around us would have. I think that was pretty well addressed. In the past years when this was put together, they even suggested covenants to protect the homeowners in previous testimony, whatever. Mr. Durkin proposing his retail center with full knowledge that it boarders a residential area, he knows we are already there, that’s pretty obvious. Since the issue of buffering the residential area was addressed when the original planned unit development was created and Mr. Durkin making his application knowing who his neighbors will be, I think that he should be willing to anything possible and this commission to require him doing anything possible, realistically and reasonably possibly to protect the homeowners, the existing homeowners from the shopping center, because we are already there. In that light, I would suggest that this commission require no truck parking behind those buildings, no through truck traffic through our neighborhood, to affect our children and very, very limited times especially as far as the grocery store because I think 4:30 in the morning in somebody’s backyard is pretty unreasonable. I think that this is a special situation and if they normally deliver to every grocery store in the area at 4:30, just because this ones behind a neighborhood, they ought to have some special delivery times. So those are some suggestions that should be put forth. Any questions? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 35 MacCoy: Any questions from the commissioners? Thank you. PATRICK HARPER, 3644 E. JUDICIAL DRIVE, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Harper: I have been working with the homeowners as well and traffic has been one of the issues that I’ve been looking at primarily. I have reviewed a draft copy of the ACHD report, I’m not sure how many of you are familiar with it. Mr. Sale said he didn’t have any specific testimony to give tonight, but I would hope he would address any specific questions that you would have or that might be brought up. One of our primary concerns after, behind (Inaudible) regarding traffic, is the high traffic volume that is going to be created on Presidential Drive and especially the intersection with Eagle Road. This is the primary entrance to our subdivision. ACHD is currently predicting a level service E, I believe on that entrance. That is only if it’s many specific recommendations are followed through with. It appears from reading it, the report that this finding is based on the Ada Planning Association estimate of 4% growth rate annually on Eagle Road, at which everyone would admit that it’s been a great estimation of what’s actually been happening. Further, ACHD has contracted with Earth Tech Engineering to do a third party review of the investigation, they have not yet made that available to me, but that will be coming in time. I would like to note a couple of things that they do note in their reports. Let me just read these two points. Number one, Earth Tech has a less optimistic view of the future traffic volume on Eagle Road and were less comfortable with the APA forecast of 4% annual growth and used increase traffic volumes to forecast higher future volumes on Eagle Road. The result of this assumption is the roadway intersections are completely overwhelmed with traffic from this project and the background traffic volumes. Point number two, Earth Tech had a less optimistic view of the sites customers traveling to the nearest signalized intersections. They assumed that more drivers would wait for traffic near an un-signalized intersections, the result of this assumption is that the un-signalized intersections will be completely overwhelmed with traffic from this site. Again, that intersection would include the Eagle Road entrance which is the primary gateway entrance into our subdivision. As I would imagine that you know that ACHD has not released that final copy of the report, so we are anxiously awaiting that but their long term plan for this area and for the Eagle Road entrance in particular would be as traffic and accidents continue to increase would be the loss of left turn out of the subdivision and then the loss of left turn into the subdivision and eventually the complete closure of the Eagle Road or those intersections as traffic gets worse and worse. Again, this is our primary entrance by design to that subdivision. The final concern would be about the long term viability of the shopping center say 10-20 years from now as these entrances are lost. It seems a fairly high density development, a full 40% more than 40% larger or higher density than the last shopping center that had been proposed and tried to move in there a few years back. It seems to me as access is restricted from these other entrances, you are going to lose additional parking to driveway space and MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 36 access is going to be real difficult to customers and the long term viability of some of the stores is a concern to me because I don’t think any of us wants vacant buildings or things like that, so that’s another concern. Finally ACHD does have several specific recommendations to the City of Meridian and other parties and I would just ask that you take a look at those and carefully consider them before you would take further action on this motion. One final note, as Commissioner Borup did mention, I had submitted a proposal or idea that I had had regarding the rearrangement of some of the houses-or some of the business in the proposed development, that might help to decrease the traffic problem. I guess most of my comments up to this point have been speaking the concerns of the group and like I’ve said we’ve been having weekly meetings. The proposal that I did submit, I had distributed by hand to all the adjacent residents. To this point, I’d only heard two people who had concerns and both of those gentlemen are here tonight, it was primarily concerns about noise from the entertainment center and again, hopefully that could be alleviated if this were—could be moved further out into the parking area. I think I’ll let that statement, or the letter speak for it’s self. If you did have any specific questions, I’d be glad to answer those at this time. MacCoy: The material you just read from, have you given it to the client? Have you given it to the applicant? Harper: I mailed a copy to Dakota, yes. I’m sorry. No, what I have in front of me, I mailed him the letter that I submitted to the Planning and Zoning Commission. I don’t know if Mr. Durkin has the ACHD traffic report or I assume that wouldn’t be until it was made public. MacCoy: No, we don’t have that either. Commissioners? Thank you very much. Anyone else? KELLY BROWN, 3873 E. EISENHOWER, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Brown: There is one thing that I would like to bring up as far as the noise. I do not live along the border. My house does not border the proposed shopping center, but I do have a concern with Shopko, because I do know that the Shopko I used to live by on Broadway Avenue is open 24 hours during the Christmas season. As far as noise is concerned, the theater doesn’t bother me as much as Shopko being open 24 hours. Secondly, I would just like to remind the commissioners that we are relying on this commission to help us. One thing I wanted to bring up is that we have tried to talk to Mr. Durkin, in fact, immediately following the last P & Z meeting quite a few of us tried to corner him per say, and talk to him about some of our suggestions. As we tried to previously in the meeting that was suggested by the commission where we met in this room. I feel like most of the suggestions, in fact, almost every suggestion the homeowners have made will quote “not fit into my plan” as Mr. Durkin has stated. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 37 I feel like he has stated he will do whatever the commission forces him to do, but I don’t feel like he’s been very open to the suggestions that the homeowners have made. All I ask is that if you eventually approve this conditional use permit, you please draw very specific restrictions to protect our subdivisions, that’s all I ask. Thank you. Do you have any questions? MacCoy: Any questions? Thank you for your comments. Anyone else? TINA CLARK, 3610 E. FLORENCE DR., MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Clark: I just wanted to make a statement, my husband and I are opposed to the wall. So, I just wanted to make a statement for the record that I don’t know how many property owners are going to be facing Fairview and Eagle that are for the wall, I’m just up here to say that we’re against it. That’s all I have to say. I don’t want to be looking out my backyard at a cement wall, I’m worried about the graffiti, I’m worried about gangs and stuff, you know. Borup: At what location are you assuming that would be from your (Inaudible). Clark: Well, I don’t know. I thought they were talking about having it along Fairview and Eagle. Borup: We have several proposals here, one proposal has the wall 35, 45 feet from your fence. Others have it right up against your fence. Clark: I would want it as far back as—I mean if it had to go up, I would want it as far back as, as far out as Fairview. Borup: That seems to conflict with what you just said. Clark: I don’t want a wall at all. Borup: Well, I mean about the graffiti, if the wall right against your fence the only way to get the graffiti is from your yard. Clark: Right. Borup: It would be your kids doing it. Clark: That’s a scary thought. My biggest concern was looking out my backyard into a cement wall, that’s not what I want. I’d rather put some type of tree and shrubbery that maybe doesn’t loose leaves in the winter time and can just be out there. Any questions? Thank you. MacCoy: Anybody else? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 38 KEN SANSOUCIE, 3526 E. FLORENCE, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Sansoucie: Just real briefly to address Commissioner De Weerd on the security issue. (Inaudible) As an adjacent property owner, I was concerned about that as well, I hope this doesn’t sound too comical, but as an adjacent property owner, I wouldn’t be opposed to having the property between my existing property line and the sound buffering fence deeded to me and let me maintain that and use it for my personal use to compensate me for what I consider is going to be an expected property devaluation. I just wanted to through that out as an option. De Weerd: That’s something new. Thanks MacCoy: Thanks. Anyone else? Lets wait one moment and we’ll bring you up here. Anyone else? ROBERT PHILLIPS, 3437 E. PRESIDENTIAL, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Phillips: I’ll limit my time, I’ll be very quick. Last time, I think I talked way too much. First of all, I just wanted to state that regards to some of the comments made at the end of the hearing last time, it wasn’t my intent to offend Mr. Durkin, or question his integrity. My goal was to clarify the record and it wasn’t to threaten litigation, it was to say it’s important to follow the rules we’ve set for ourselves, in following the ordinances. I think it’s important when you make your decision to follow those rules. I only have a couple of things to add that have not been previously said, one is that there hasn’t been any ACHD findings at this point at time, so it’s going to be difficult to make a decision without those as a factor in your decision making. Secondly, along presidential drive I think it would be important that if we could not bust that up. It’s a beautiful drive right now with trees that are currently there and it’s a nice drive into the subdivision, by not busting that up, we could limit the traffic going into the mall areas. If that isn’t possible, I think the next best alternative is to narrow it, so it discourages people from going into the subdivision. Those are the suggestions that I have. I also drafted a letter and if you have any questions regarding that, I would be willing to answer those at this time. MacCoy: Any questions? Mr. Borup? Borup: Yes Mr. Chairman, probably the aspect of your letter that maybe I was specifically interested in was—hang on, let me go grab (Inaudible). You listed four items, four reasons that you thought it was inconsistent with the zoning development ordinances. Phillips: That’s correct. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 39 Borup: But then it seemed to, I didn’t see where it specifically addressed the ordinance. (Inaudible) Personal opinion. Like the first item, you said it was too intense, to me that seems more like personal opinion rather than anything specific. Phillips: That’s a legitimate question. My intent, as you know that I’m a lawyer, contrary to what was said earlier, I tried to be concise, it was three pages. I didn’t want to write a brief. This is not a judicial form, it was to address what I thought my concerns were. I based everything on my reading, particular code sections, for example the first one. I stated those concessions last time when I spoke inconsistent to Comprehensive Plan and specific sections, also with the definition of regional shopping center. I think that—especially they wanted 89,000 sq. ft. more than the minimum, made it too intense for that environment. So that was the basis for that particular comment. Each one of my comments was based on similar readings. Borup: Did you feel this met the definition of a regional shopping center as in the ordinance, that this proposal? Phillips: I think the applicant requested a regional shopping center. Borup: Well, that doesn’t mean that’s what it is just because they said it. Phillips: That’s true. I think he did meet the definition from the standpoint that it had to be more than 750,000 sq. ft. and this is 848,000 sq. ft. from that standpoint, I think that it was. Yes, from the acreage that was required, I think it wasn’t met. Borup: I was looking at more than just the acreage. There are several other definitions that I didn’t feel that it met. Phillips: Keep in mind that when you read the code there is two different definitions, one is a zoning and one is a definition of a regional shopping center. There is a zoning called the regional shopping center business area or something like that. That’s different then the actual definition of regional shopping center. Borup: That’s what I was looking at the definition of a regional shopping center. Phillips: That was my basis. Borup: I don’t have that open right now, one of the (Inaudible) I know was two anchor department stores. Phillips: Yes, I think that’s a definition of a regional shopping center. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 40 Borup: I’m not sure that this had even one department store. Phillip: No, I don’t think there is any department stores. I think the style of business we do today and what a department store is, there is some gray areas there. Borup: I guess the other questions we’ve got in the previous minutes of testimony. MacCoy: Commissioner De Weerd? Thank you very much. Is there anyone else that would like to make a statement? If not, then ACHD. LARRY SALE, 318 E. 37TH STREET, BOISE, ID. WAS SWORN IN BY THE ATTORNEY. Sale: Thank you, I’m here representing Ada County Highway District in the matter before the commission. First of all, I’m up here for two things, to express a couple of appreciation’s, and secondly to make an announcement. The Highway District appreciates the patience of the Planning and Zoning Commission in putting up with us in our lengthy view of this application. We also appreciate and understand the developers impatience with that same pace. He obviously would like to move ahead and I do understand that. Unfortunately this is the only opportunity that we will have to review it and I want to make sure that when I present a report to you that it’s factual and accurate. The second thing I wanted to do is announce that our staff report will be available at noon on September 16 and will be delivered to our commissioners at that time. They will consider it at a meeting 7:00 P.M. September 23. Presumably at that time they will render a decision and have a report to you by the end of that week. We have completed the findings portion of our analysis and are attempting to write the mitigation part of our report. As I say, that will be done a week from today actually. Does the commission have any questions that they would like me to answer tonight? MacCoy: Commissioner Borup? Borup: Not that are probably pertinent. We do have the draft copy that we reviewed, are you anticipating any major changes from the draft copy? Sales: I don’t know which draft you have. Borup: I don’t either, it’s not labeled. Sales: Probably not, because I amended this one this afternoon. They take the same shape and format, but as we develop additional information or findings, we will change that report. So it really depends on whenever that was issued. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 41 There are some changes to the early drafts in that part of our problem has been that some of these improvements that are necessary to accommodate this development are also improvements to the arterial system and the collector system for which they are going to pay some fairly substantial road impact fees. We’ve been trying to analyze which of those improvements are of sufficient benefit to the general public that they should be offset from their impact fee. That’s been taking a great deal of our time and we are starting now to home in on those, but there will be some major reconstruction needed to the system out there to accommodate it and the background traffic as well. They are improvements which we had planned for and would’ve been made by the district someday, but this project accelerates the need for them somewhat. Anything else? Borup: No, it’s the most comprehensive set that I’ve seen since I’ve been here. Sale: It’s a comprehensive application. De Weerd: I just had a question, today we attended a walkability workshop and there were several different options that were presented that might have some effect on Presidential Drive on limiting traffic going into the subdivision or discouraging it. I just had wondered if perhaps, taking a second look at Presidential Drive and the concerns of the residents, if perhaps some of those options might be appropriate in this regard? Sale: Mr. Chairman, Commissioner De Weerd, two of my staff members attended Mr. Burdens (sic) presentation this afternoon and I expect to discuss those in the morning and the report will probably be altered again. I haven’t heard those, but we are trying to be susceptible, not the right word, but something like that to the needs of the pedestrians that will be there. Perhaps not today, but sometime in the future. We may look foolish now in requiring pedestrian actuated signals at Fairview and Eagle, but probably someday they will be needed. Hopefully they will be needed. Anything else? MacCoy: Mr. Nelson? Nelson: I have no questions. MacCoy: thank you very much. Sale: Thank you. Durrant: On the submitted copy of this I put in, I had one real major concern that I had was the traffic, the facts and findings report of it and the traffic counts they used and the dates they are drawing their data off of. Such as on Eagle Road and Fairview Road, they did their traffic counts on 10/97 when it was still partially under construction through there and I was wondering if it would be a little bit MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 42 wise to get a current traffic count since they’ve completed that five lane opening. Another portion of it was that there was no traffic count available on Records Avenue or Drive, which I live right by there and there is plenty of traffic cruising down that street and the traffic count dates they used for Presidential Drive was 12/04/96 and talking to the development company, we’re guessing somewhere between 100-120 houses were there at that time and now there is close to 200. I just wanted to make my concerns known that I think we need to get a current traffic count. I don’t know if Mr. Sale had addressed this at all with his group (Inaudible) Ada County Highway District. I would like to see a more recent traffic count taken for actual figures before they do projected basis. MacCoy: Is that it? Durrant: That’s it. Sale: I’m under the impression that we are taking new counts currently. They may not have been done yet, but we can foretell the traffic on the streets coming out of the subdivision quite accurately. Each of those trips will generate within a tenth of a ten trips a day for each house over a period of a year. We can estimate very accurately the number of—the amount of traffic that’s there now by counting the houses. The traffic on Eagle and Fairview is a little bit different. We were going to recount that, but I don’t know if we did or not. MacCoy: Okay, thank you very much. It’s still part of the open. De Weerd: Mr. Chairman, can we take a break and then resume. Durkin: I’m the applicant, I’m the president of Dakota Company. I have really made every effort to listen carefully to the comments and the concerns address. Before I start however, I would like to go on the record, at the last meeting, I was ill and if I was short and tired at the end of the meeting, I apologize. I hit the bed for two weeks the following morning, but, Mr. Phillips apologized for things getting heated and it wasn’t necessary. He’s a fine man and I have no hard feelings there. A couple of comments, it’s been a little bit hard to really go with a normal presentation of our project here, but something came up tonight that I just wanted to clarify. We are what we call a second generation plan, I hope that all the commissioners are all aware of that. We submitted a plan with our application, we revised it in accordance with the meetings with the first public hearing and with the neighbor meeting and in accordance with the first staff report that the city staff put out. It also takes into consideration some of the Ada County Highway Districts comments and concerns. That plan was submitted to the commissioners prior to the last meeting. That’s the plan that’s up on the board now. That was the one that I used that was the public hearing last time. If you would like me to answer any questions relating to those plans as far as building placement, etc. I would be happy to do so. The major change on this plan, which again, I want to remind you is the same plan that we had at the last MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 43 meeting. The major plan that we increase the size of the landscape berm along Fairview and along Eagle from 10 feet to 20 feet. Also the plan has an increase in the landscape berm along the back of the property from 10 feet to 20 feet. There has been a couple of other landscaping additions. I think one of the more significant additions is we’ve built up the landscaping in this area, more substantially. This is the area that I have more concern over, this is the theater area. We’ve eliminated the access to this area so people that might be at this project and want to leave will be going out here, versus here. These, this access point and this access point, at any place where it will be available will be signed for deliveries and for truck traffic only. It’s necessary to meet some of the other conditions as far as fire trucks and routing and getting through. This does meet with the city codes as far as access. So this is a change from last plan, I can’t recall to what detail that we went over these changes at the last public hearing. Are there any questions from the commissioners on this plan before I go back to my other… MacCoy: Commissioners? De Weerd: I guess I would like to wait and hear what he has to say. Durkin: You know, the first public hearing that we had in my opening comments I acknowledged to the commissioners and the public here, that this shopping center will have an impact on the adjacent property owners. We recognize that. We recognized that before, we planned it, we recognized it during the planning process of it. I think what’s most important is we recognized that during the operation of the shopping center. So, that’s something that we recognize, that we are fully aware of. We have a lot of experience in developing these types of centers. Although the record shows this is quite a bit larger than any of the other projects that I’ve developed. The concept and use of tenants is similar, so our experience is solid and our record is good as far as the design of these types of centers, but a long term operation is important. As far as the traffic through the subdivision, I can’t say anymore than I—on the record in the past, there is obviously a threat and a question that the residents have, but that’s an ACHD concern. On my opening meeting, I asked for your approval of our plan. I asked for one of the conditions that we abide by the conditions that Ada County commissioners put on the project, I repeat that tonight. To my knowledge, we have no dispute with ACHD as far as the shopping center and the matters that relate to—that are in the authority of Ada County Highway District, it’s a large project and we’re working through. There is no issue between us that is a stumbling point with ACHD. All of the matters that we are working through, in my opinion, are technical. Mr. Sale has gotten up here time and time again, or actually twice, but he’s said it to me in other meetings. We are concerned about the impact fees. We know what the impact fees. We know that there are going to be impact fees. We know at the right date, we are going to argue about it. That isn’t going to be settled in a staff report at the next hearing, that isn’t going to be settled for a long, long, time. I pledge to you tonight, I ask you to make it a MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 44 condition of the approval if we get to that point, that we have to abide by the terms and conditions of the Ada County Highway District that they impose on this project. Again, I remind you that I feel there is nothing that has come to my attention that is even a hint of impasse with ACHD. On the other hand, Mr. Sale commented that we are getting a little impatient and we are. We first talked to some of the people at ACHD in December of 1998 about this project. We had our first staff meeting with them in April of 1998, we had another one in May. We submitted our conditional use permit in June. We submitted the traffic study in June. We had comments that were submitted back to us from ACHD which we answered in July. We had another meeting in July. We had more comments, we answered the immediately. We’ve had meeting in August and we continue to have meetings, we have a, in my opinion, Mr. Sale we have a solid track record with ACHD. We have not had any big disputes with ACHD and again, from our earliest staff meeting with them in April to today, we are—we have in our position four drafts (Inaudible) Ada County Highway District report on the project and not one of these has anything in it that’s insurmountable. Now there is a fifth draft and their will probably be a sixth draft. This is a common normal process that we go through on a shopping center, after shopping center, not only in Ada County, but in other areas. The shopping center that we are building will be (END OF TAPE) Durkin: …to the residential areas, in my opinion. There will be a benefit that the shopping center will be screening 25,000 cars a day, night and day. Trucks and every other type of vehicle on Fairview Avenue and 25,000 cars a day, today on Eagle Road. A combined 50,000 cars a day, trucks, semi’s 24 hours a day going back and forth. A substantial amount of noise will be blocked with the construction of the center. What is going to happen behind the shopping center. I can tell you from my experience, I’ve developed more than 150 similar types of shopping centers throughout the United States and several in Boise. I talked today with Fred Meyer, as you may know, I was the developer of that project. Fred Meyer, for their store on Fairview. During their busiest time of the year, they would expect 11 semi-deliveries a week to that store. That store is 172,000 sq. ft. it’s a food store, which is comparable in size to the food store that we’re planning on building here and it’s a general merchandise discount department store. That would be during their peak time, their busiest time they would expect 11 semi-deliveries a week. As I’ve said to you before, there are many, many other smaller deliveries, the step van and what we call the vendor truck, delivery system that come and go. Those are small business people from around the area that deliver potatoes chips or whatever. They really are not a noisy vehicle. They’re lower profile, smaller, it’s a faster delivery type of operation. Shopko stores during their busiest time, I want to remind you that they are distributed for this entire area from a large distribution facility that they own out on Gowen Road and the Freeway. During one of their busiest times of year, they would expect eight Shopko trucks a week. That would be during the Christmas season or back to school. They would expect eight Shopko delivery trucks a week. Again they MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 45 would have the step vans and smaller deliveries. If you burdened all of the grocery store with the Fred Meyer type of delivery, which is 11 trucks a week, and all the Shopko trucks, eight trucks a week, there is not a tremendous amount of traffic going back there. Those trucks, the hours are posted, the hours are limited. There is no overnight parking allowed. It’s signed and monitored. I can only tell you from experience of operating and maintaining these shopping centers, it is not a problem, it can be a problem, but it isn’t a problem if you stay on top of it and we do. Between blocking out the noise and traffic on Fairview and Eagle and the limited amount of truck traffic that we would expect behind a shopping center, it is not reasonable for us to build—take 60 feet of property and build a wall out on top. I think the public comments tonight, the most important comment was expressed by Patrick Harper. Where he talked about the long term viability of the shopping center. We know how important that is, we’re not developing this, selling this off and going home. This is a long term ownership, everything is leased and the ownership entity is very important to them and to us that it be a long term viable project. If you were to have a 60 foot berm behind the shopping center, that would require moving the buildings closer up to the streets, it would interfere with the parking flow, the traffic flow, it would actually rule out the site for quite a few of the major tenants that we have. The long term viability of the center could not be assured. In fact, I think it would be an experiment and an experiment that would fail. When you are finished at the end of the day, there isn’t a lot of things you can do with an 800,000 sq. ft. retail shopping center if it’s not done in accordance with standard design criteria and it fails. Last meeting, I’m sorry that Mr. Smith isn’t here, he asked us to go and go back to the drawing board. That’s what we’ve done. Commissioner Borup said can’t you try to do something for the area behind the grocery store. So we are going to give you a handout tonight. It’s something we think is workable. We would be very open to having that in a motion tonight to require us to do something like this. Tom Bauwens from our office is going to hand these out. It’s a two page document. The first page answers some questions that were brought up last time. How high are these trees when we plant them? How high are they going to be in a couple of years? This information, as all of our landscaping and buffering information has been put together by the land group, a local area here, I think it’s an Eagle based company. The first page is what they are calling section A, this would be—this is a typical berm section taken right here, if you notice the black line on that plan, that’s showing exactly where that is. It gives you a sense of what the berm would look like on a larger scale than what we have on this plan. You can expect that to go throughout the center. What I’m really excited about is the second page. It’s going to take a little more explanation, this is new technology that prior to the other day I just was not familiar with. Again, this is a drawing showing one section behind—it’s an area from Presidential Drive that we’re proposing along in this section, I’m not—on the view 1, the viewpoint location on the center of the top of that drawing you can see where that arrow is. If you were to look out from here today, this is taken with digital photography standing at that precise location, which is roughly in the loading dock area of the plan, if you can see. That’s what it looks like today, but MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 46 with the construction along this area of a three foot high concrete area at the back of the parking lot, that gives us the opportunity to raise that berm up. So you can see what that does to that typical planter section in the top right hand part of that sheet. Then the bottom large photo is a—I can’t remember the term that they use, but this is prepared by the land group and this is what the photo would look like approximately five to seven years after planting. The brown area that comes across as brown area there would be the parking lot driveway in this section, that you would be looking at. Then the gray stripe along there, these colors are a little off, that would be the raised retaining wall, for lack of a better term, but a small wall along the edge of this parking lot. Then you can see what the landscape berm would look like and grow to in a five to seven year program. This plan in—it will help decrease the noise from the grocery store. It will help to decrease the visibility from the grocery store area and it looks nice. The plantings look good, they will be maintained, that’s part of our conditional use, that they be maintained. They’re very, very expensive to put in the first time, so that is a real high incentive to take car of them, but we are suggesting that we do this from Presidential Drive to the end of the first row of buildings. Primarily this will add some additional buffering for the grocery loading dock because of the early hours necessary for the vendor vehicles. The other—the first page just gives you a sense of what the rest of the berm would look like, but it’s a large area. I’m sorry that I’ve given people the impression, particularly after the last meeting, I was ill, I was feeling really poor. I’ve been completely available, and today I received two letters from some of the residents, but that’s the first piece of mail that I’ve received, I haven’t had any calls from anyone, and I’ve been available. I’ve tried to incorporate the comments from these meetings that I think are reasonable into our plan. I guess I really want to stress something again tonight on the record. If you require a wall, as I said the first night, we will build it. I implore on you to not do that. I’ve traveled around the United States, my job, my hobby, everything I do is related to shopping centers. It’s an undesirable circumstance and I just can’t tell you an example that it isn’t. I’ve talked to people that look there I’ve looked at many and many of them and I just feel that when you put 20-25 foot masonry buildings and then you put another wall within that 45-50-60 feet away from it. I know you are going to have echo. It’s different than cutting out freeway noise. It’s different than cutting out highway noise, it’s a different kind of a sharp bang type of noise that you are trying to protect yourself from. I guarantee you, I’m under oath here, I take that seriously. I strongly telling you that I’ve seen this, I’ve seen many unhappy people that have that. So I would—however, it isn’t a financial issue for us, it’s a long term use issue for us. They deteriorate quickly, they get graffiti on them quickly, they make an awful lot—the results in noise transfer, it’s just very undesirable. I put that back on you, if you require a wall, we’ll build it, we don’t have to talk about it a long time, I just want to be on the record five years from now when that’s a problem. I don’t believe that It’s reasonable to build a 60 foot berm. I don’t think it’s necessary, I don’t think it accomplishes the cost of doing it, the viability of the center could be jeopardized. I would like to ask tonight that we get some kind of approval to move on through the process. We were scheduled to go to an ACHD meeting MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 47 several weeks ago, it’s been scheduled and put off, scheduled and put off, by delaying this project tonight a month, results in an opening time of the shopping center that could easily change from November of 1999 to November of the year 2000. That’s a significant impact on us, we own the land, we own it free and clear. We own all of the land, the project isn’t going to go away, the planning is still open for modifications and changes, but we can not precede with our engineering our architectural drawings, our final landscape plans, our wall or fence, I can’t precede any further without some type of go ahead tonight. A delay tonight a deferral tonight until ACHD gets answers that I don’t believe are critical to this project will likely cost us a one year of operation for this shopping center. As it is now, we are hard pressed to get all of our information put together and submitted and be open in November of 1999. It’s typical that you would open this type of center consistent with the holiday season, which would likely delay this for a significant amount of time. Earlier meetings we’ve gone through the staff report, I think we are in agreement on most things. As far as for tonight, I respectfully request that you vote this plan up or vote it down with the modifications that we’ve discussed so that we can proceed with the project. I’ll happily answer any questions. MacCoy: Mr. Nelson? Nelson: You are not going to want to hear this, I would prefer to see the (Inaudible) ACHD report and I would like to see how it does impact. I really don’t want to press anything on without any unknowns. I don’t know how the other commissioners feel. Also a lot of the discussion tonight has been related to sound. I would like to see that quantified by a reputable sound engineer with no financial impact. I don’t mean you, I’m talking about everyone involved, not just the developer, or the homeowner. We’ve been educated by both sides and a lot of conflicting information, so I would personally like to see something from a registry sound engineer or whatever it takes. That’s all the comments that I have right now. MacCoy: Commissioner De Weerd? De Weerd: I too, since this will be the only public hearing, I would not feel comfortable passing it on without ACHD, and without the residents having that knowledge and being able to reply in a public situation. In your travels, have you encountered a buffer area that has the retaining wall with the landscaping in between the building and the wall, and how that would help the echo? Durkin: Can you say that—I’m sorry, yes I have encountered that a number of times. I just looked at one on Saturday in Souix Falls, South Dakota. I drove behind a builders square which is a home improvement center operation that was late. There was no operation going on, but they have a shopping center with a landscaping berm a wall on top and there is—I was in my car with all plans and estimating that I estimated that it was a smaller area. I think the wall was MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 48 probably 40 feet from the building, but there was tremendous echo. There was an apartment complex behind it, so they were instead of single story buildings, they were double. You know, it’s so important for us to proceed that I think you should ask Mr. Sales if there is any issue with ACHD. There is no staff issue, you have four or five staff reports here, there is no staff issue that relates to any of the traffic concerns, it’s primarily as he has testified, an impact fee issue that they are studying and how—the land set asides and those types of things. Which they have told us what they want and we have already agreed to that set aside and preservation. So I think that the traffic issues, there will be a public hearing on traffic and the residents are welcome to go and talk about it, but your authority to approve or deny a project because it impacts a local subdivision that’s up to ACHD to handle and to fix. I don’t have the authority to fix it. They have to direct that and I guess with my testimony and with the restriction and outright requirement that we fulfill the obligations that they impose, I don’t think that’s necessary to go through that, get that requirement and bring it back to show you what its… De Weerd: Mr. Durkin, I do trust that you will work with ACHD. I do believe that ACHD will give their report verbally to us, it would be nice to have that opportunity. It would be nice to have the opportunity for these residents whose lives you will impact to hear that as well. I have no doubt that you will do as you are instructed, I just think that we owe it to the public to have that be able to be presented to them as well to ourselves. I do have a couple of other issues. I guess I would like to see a larger berm area on the perimeter of your project. I’m fairly new to this commission, so I can only look and learn at every meeting and look forward and try and work to make the good decisions. So, maybe you might see it as changing my mind, or coming up with a new idea, I do believe that it is a corridor into Meridian, the look is going to be very important. I do agree with staff that the berm along Fairview and Eagle should be greater. I don’t like the idea of having a sidewalk next to that major—anyway, where I see on my plat here, this is the sidewalk that will be right against the road, or is it going to be further in. Durkin: There has been some modifications required by ACHD that have resulted in that being moved in to the inside of the berm area. De Weerd: So you will have a grassy area on the outside that would be along the road side. Are you using some of the easement for your bermed area or are you going from the… Durkin: All of the berm is on our property. As well as the sidewalk. De Weerd: And the right-of-way? You’re not using any of the right-of-way? Durkin: That’s correct. De Weerd: So it’s 20 feet from the right-of-way. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 49 Durkin: That’s correct. De Weerd: I guess I missed at the last meeting the movement of some of the— your tenants or—so could you review with us again, who’s where? Durkin: Sure. The tenants that we’ve identified tonight, or up to tonight by name are Shopko store, they are in the same location as they have been on our original application. The grocery store that is also in the same location. I’ll step over here. Lets start over here, this is a theater area, that hasn’t changes that we’ve made I’ve pointed out earlier. These have restaurants and entertainment related users that would be related to this project. By the way commissioner, I don’t know if you remember there is a stop light going in at this intersection. There is a membership warehouse club going here, unnamed. It’s very similar to a Costco that you see on Franklin and Milwaukee or Sam’s Club is another company, or BJ’s wholesale club. There is only three companies in the business and those are the three. We have an office supply super store going in here, that would be similar to a Staples or an Office Depot operation. We have a Shopko general merchandise discount store going in here. Modification to this plan, this shows a 96,900 sq. ft. store, when we submit the building permit it will be about 103,000 sq. ft. It’s a lower building a little wider, but our—your ordinance for a conditional use permit does allow those non-material changes, it won’t effect the overall square footage, but that’s a change that I’m aware of now. (Inaudible) In you packages is 1-G is a fabric, linens, apparel, (Inaudible) I’d say it would be similar to a TJ Max or Ross store. We had a coffee shop going in on the corner. Are you with me on this, do you want me to point this out to you? You don’t care about that’s there? De Weerd: The reason I asked is that I noticed between the plat that we had initially and what we received in our packet this time, was a new loading dock area that wasn’t mentioned on the first one, I guess my curiosity overcame me as to why those changes were made and why we’re adding new loading dock areas. Durkin: I just don’t know what changes—the first plan is in front of me that we submitted, this was in your packets for the last meeting as well. So this plan was, I don’t know what process— De Weerd: I think I only received one plat… Durkin: There is a large plan that you keep holding there. Just for your information, what that is, the real large one that is folded up. It like on ten pages. Do you remember the first plan when Commissioner Smith was concerned he couldn’t read the plan, I just for your benefit and for everyone’s benefit I had our landscape architect blow that up so that it would be easier for you to read and I had it delivered to all of you. It’s the same as this plan right here. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 50 De Weerd: Okay, it would be 1-C. Durkin: 1-C. Alright, we have on the first plan that we submitted, we had three loading docks in that area, and now we have two commissioner. We had on the first plan that was submitted, there was building 2-A, 2-B, and 2-C, each of them having a loading dock and now we have building 1-D and 1-C to take up all of those so we’ve decreased… De Weerd: Oh, you took out 2-E and then just moved that loading dock over? Durkin: I guess if you take that whole building, we have now five loading docks between 1-A and 1-D. The only significant one (Inaudible) commissioner would be 1-B. In the first plan we had nine loading docks, so we’ve decreased the number of loading docks and what we refer to internally as parcel two backing up to an area. I guess for the audience to see it, just have you hold this up Tom. We’re talking about this area right here, the reduction of loading docks in that area. De Weerd: You reduced them in what area? Durkin: Right along in the is area commissioner. That’s what I’m talking about right now. De Weerd: ON my original one I show one loading area in front of 2-E, which is right next to the grocery store and then two in front of the grocery store. Durkin: Commissioner, you know what you are looking at there? You’re looking at the artist rendering of the trucks. Yeah, you are not looking at the actual dock. De Weerd: Well, there is too many trucks in front of there. Durkin: I’m sorry, the idea there is that it shows the relationship in size. I’m talking about the dock facilities and not the trucks. De Weerd: Thank you, you can tell I’m the commoner up here, right? Durkin: Hey, that’s a real fair question. We have now if you can look up the number of loading docks, we have submitted in this area, it has actually reduced significantly. Again, there has been an additional reduction in this area, commissioner, on building 1-E on the new plan. We had three loading docks that have been replaced (Inaudible) in this building. We always had two here and there still are two here. So we’ve reduced two loading docks here, several of them here. There has been no reduction here. Same number here. Same number here. This building we do not plan to build, but there still is a loading dock there as well. I don’t have plans for this one right now, when I say that I MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 51 don’t know how that’s going to be configured in the future. In continuing going around the corner here though, just a little bit, you can see that we had a number of other small shops here and small buildings, we now have one user going in right there. There have been some changes and I expect that their will be more changes as we go through the process. De Weerd: Well thank you, I appreciate that. As far as the entrances into the subdivision, are those going to—on your landscaped areas, are those going to be bermed and sodded. Durkin: Can you help me? De Weerd: Down Records Drive and also Presidential. Durkin: There is berm along Records Drive, between this street there is a sidewalk and a landscaped area dividing the street obviously from the shopping center. De Weerd: Right there at the entrance. Durkin: Right here? De Weerd: No, at the buffer zone. Durkin: Right here? De Weerd: Yeah, there you go. Durkin: There was a substantial, we have really raised this up to the maximum that can be. It will require more maintenance and possibly more planting replacement over the years. We’ve raised this up drastically planted these here and eliminated any traffic. We are also planning on signing this area employee parking. I can’t foresee the circumstances, unless it’s horseplay, people driving around this building in the evening. We’ll have that secured and situated that that would be very difficult to do. De Weerd: And also around Presidential you also have that bermed, before their entrance. (Inaudible) Durkin: I do have to have access here, I can’t cut that, it’s from a safety standpoint through the (Inaudible) here. It will be signed and limited to service vehicles here and here and employees. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 52 De Weerd: Because Commissioner Smith is missing, I need to bring up his issue on the parking lot. I have done research myself and driven a lot of parking lots and saw a lot of parking islands that are very attractive in groupings and so I did take pictures, I haven’t developed my film so far, or I would’ve showed you. Durkin: Commissioner, I’m asking you to approve this, if you want trees in the parking lot, put it in your motion. I’m not fighting the trees in the parking lot, I’m not ever bring a plan in and show it to you and say don’t these trees look nice, they are going to grow forever. I’m not going to sit here every night and argue about whether we should have trees. If you want trees, say Mr. Durkin, put trees in. We’ll put them in. De Weerd: Okay, if I want a 35 foot berm in the front, I only have to put that in my motion? Durkin: Our position is that we take it to the next step, so I need, I can’t. We can come back here month to month, but I will then take it to the next step, that’s the council, or whatever it is. I need to move on. If you want a 35 foot berm, if that’s a significant issue to you, if you think it’s going to be great with a 35 foot berm, put it in the motion. I don’t agree with that, but that’s something I can discuss and try to work out and try to see if it effects the viability of the shopping center, see if it reduces the parking below your ratios. See if those things are impacted. Out of fairness, I would look at other projects in the City of Meridian that are gateway projects and I would see what else has similar requirements. I know this is a new commission, and this is a new plan. There has got to be a balance and I want to build the nicest shopping center in the area. There will be more landscaping here than any other shopping center in Idaho. De Weerd: I agree and it looks very nice, but again, we can only start from today forward. Durkin: I realize that commissioner, but it isn’t like I’m submitting to you a 1984 plan. This has got more landscaping per square foot per parking stall, or however you want to break it down, than any other shopping center in the state. De Weerd: It’s also bigger than anything that we have, so I guess that’s why… Durkin: This has got 1,350 trees, this is an enormous deal. De Weerd: It is, it’s nice, I will admit that, but it could be better. Durkin: (Inaudible) If a 35 foot berm is significant issue to you and I can do it, I have to reduce my isle widths and do some different things. If I can do it, I will, but I can’t answer that tonight. That’s part of the next step. So if you do that in a month, or if you do that in two months, it throws it off. These are the kind of MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 53 questions that I need answered and the only way—I’m relying on you as a commission to allow me to take it to the next step. MacCoy: Commissioner Borup? Borup: I maybe fall in line with some of the others. On the ACHD report, I think that’s important, but in light of, along with what has been said, the draft report we have, came from the homeowners, so they saw it before we did. I think getting the information to them is not as much of a concern to me as maybe some other issues. There are I believe 32 sites specific conditions on the draft that I have, which is, as mentioned earlier the most that I’ve ever seen from ACHD, but it’s probably appropriate for the size of the project. I’m not sure what more the applicant can do than say that they are going to comply with everything that ACHD says they are talking about, in which this case is extensive. Some of the questions I still have is on—part of my main concern is the buffer, but before we get into that, did you—Mr. Harper made a proposal on essentially putting the grocery store where the theater is, and the theater down on the parcel next to Pine. Have you given any consideration to that what it may do to traffic. Durkin: I have not, I just received that today in the mail at three o’clock this afternoon at my office. I do have a lease signed for the other parcel. Borup: For the one on Pine? Durkin: Right, the one on Eagle Road, so that would require some significant modifications by me and I’d have to go through the process with the tenant that I couldn’t commit to tonight. Their studies and research has been based on, that was their desired area and it was our desired area as well to hook that off Fairview. I received that late this afternoon as I was preparing for the hearing tonight and I didn’t have any way to do anything on that prior to this meeting. Borup: I guess my—possibly what impact that could have on the traffic. It looked like more than just a spot of the individual businesses, based on what I can see on the amount of parking for the theater is probably not the same proportion of the parking for the grocery store and would probably be another building something in that area. I don’t know if we need to go into that if you haven’t had a chance to really look at it. Durkin: I haven’t and it’s really too bad, because what’s happening tonight and what’s been happening through this process is you’re delaying this tonight is going to cause a competitor to leave this area. We will loose our grocery deal because we won’t be able to meet their time frame and then we will be back to square one, which will then require a significantly different application. Borup: At this point my question is just information. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 54 Durkin: As far as me going back to that grocer, what you asking me to do takes… Borup: I haven’t asked you to do it. I asked if you had given any consideration to what—how it might effect your project. Durkin: I have not. Borup: The questions that I have I think are on the buffer. Some of them and I have several, just about all the homeowners seem convinced that a concrete block type of wall is going to be the best barrier but I haven’t really heard or seen any real studies. Are there, is that something that can be readily available, some type of noise study on the benefit, you had mentioned earlier about the highway noise already being buffered and I have to agree with that. If there is any highway noise now from Eagle Road and I know there is, the buildings there are going to reduce that. So I think it’s the center noise is probably the buffering that we’re talking about. Durkin: No one asked me to get that information that’s available, the plan that I handed out to you with the landscaping, that takes a month, so that kind of stuff takes a long time to get. I would be able to search it out. Borup: That’s why before I did, I wanted to know how readily that type of information would be available, if that is something that—a noise engineer may have a computer model already. Durkin: Commissioner the City of Boise retained a company from Portland, last year to make two visits to Boise and do these types of studies and I could check with that firm. I know the firm, I have their card in my office. I don’t know how long, or what type of information they would have to have to be able to give a scientific report. Borup: One of the proposals which kept the buffering at the ten feet had a berm sloping up to a block wall. Is there—are you aware of—well two questions, one maximum a maximum wall height that would be practical and then also with the wall acting as a retaining wall. Durkin: Commissioner, I’m not aware of any modification that I can make that would be better for the residents than what I have submitted to you tonight. Borup: Well, my question would be is there a maximum wall height? Durkin: Since I’m so opposed to the wall, I’ve never seen it work. Anyway, the higher you make it, the worse it is as far as I’m concerned. I just don’t have a—I can’t comment favorably on that. From my experience that I can draw on, I can’t give you the right kind of answer that you are after. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 55 Borup: Okay, I did hear that (Inaudible). I believe that is true. I don’t know if we need to ask that to staff or if that is something that can be changed in the conditional use also. I’m not sure where—maybe I’m not sure where I’m leading. I would have to agree that 60 feet is not practical. I’m not sure where that point is. I don’t know about a wall on top of a berm anymore than you still got an area behind it that would be even smaller, that’s less than 60 feet right now. Sixty foot creates a park along there. Is there—well, never mind, I was going to ask if there was any practicality to deeding that buffer area excess to a homeowner. That would have to be unanimous— (Inaudible) Borup: … to be practical and you got one hold out and you defeat what you are trying to accomplish. Durkin: I have actually have done that (Inaudible). Borup: What was that… Durkin: We ended up having to pay someone to take the land and we wouldn’t do it, so the other neighbors paid and they hated each other (Inaudible) and then it was difficult to enter into a sprinkling agreement, but it did work. In Reno, Nevada it’s open, operating and looks nice, it was a challenge. Actually that was a situation where we were required to build a wall and I actually went back and visited a few years ago. There is a petition to tear the wall down. I really wish I could get that information, but it’s on (Inaudible) Nevada, it backs up to an existing subdivision, not unlike this scenario. It’s a Shopko, Safeway project. So, it’s a good project. Borup: What was the location of that wall? Was it on top of a berm, or… Durkin: actually, it’s very difficult to find that exact circumstance. In that case, the homes behind the shopping center were elevated. The shopping center was built back into a hill. The homes, it wasn’t a flat area like this area in Meridian. There was echoing that they were unhappy with. Borup: I’d like to see this thing moved on. In my mind, I don’t know about the rest of the commissioners, I don’t know if it’s anything that will happen tonight, but I’d like to see it next month to definitely be the last meeting. I’ve stated all along that my main concern was the buffering. The problem is, we don’t seem to have any real solid information from the homeowners association or from the applicant on actually what a noise reduction wall would mean. Some examples given on the freeway and that kind of stuff, that'’ a whole different matter. I somehow, would like to see some real information and that would in my mind, go forward. I don’t know how much time… MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 56 Durkin: Commissioner, if I could comment on that line that you are going down. The process has been extremely frustrating with your city. You have a fine staff, organization. We work within your ordinances and it’s a guess work. We throw out what we think is good and you want something different, we modify it, we could come back here for a year. I’m asking you tonight, I’m asking you in another month, or six months or next year. Somebody sometime has to stand up and say I make a motion that we either say forget it to this guy or that we approve it. I can say well I’ll go back for the study and come back in a month and you go, well what if you do a study with this, and what if we do a study with that, we can be here for six years. Borup: I agree. Durkin: Somebody, it’s your job to stand up and say yes, or no. Let me go forward, but I can’t read your minds. I want to do the right thing. I promise you I will do the right thing, but you need to give me direction. Tell me what you need me to bring next meeting and I’ll bring it. I can’t… Borup: Well, in my mind I think a lot of the issues, there is not going to be much that can be done about it. I mean, this property goes back and I got some more information on it also. Upland Industries originally had this back in the 80’s trying to do a regional shopping mall. It ended up going to Boise Town Square… (END OF TAPE) Borup: …were proposed to be where the homes are now. Probably some industrial area behind those office buildings way back at the back of the piece. An individual that was on the Planning and Zoning Commission and City Council was real concerned at the time about residential development going in there. I believe the owner at that time, it was his option at that time to keep the property viable. Too bad you guys weren’t around in 93’ could’ve bought the property and would’ve been able to do as you had planned. Still, the buffering between the project and I don’t think we are talking about buffering traffic. There is not going to be much traffic, I’ve been behind other shopping centers. Other long ones specifically. The corridor—or the area from Costco to Home Base on Franklin. There is no traffic behind those buildings, that I’ve ever seen. I’ve been back there once and a while, I’ve been all alone. So noise is maybe a question and I don’t know how to in my mind to answer that without an expert. Durkin: Commissioner, I have a question for you. Commissioner Nelson tried to find an expert without a financial interest. I obviously have a financial interest in the project to let it go forward. The neighbors have an interest that it not go forward or that it go forward in one way or another. How would you propose, what would make you happy as a commissioner, how would you feel—I’m only aware of one company and that’s a Portland base company. If we hire them, MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 57 bring them in and they bring you a study in a month, that says it’s a piece of cake, don’t worry about it, everyone go home and relax, are you going to be happy with that? Borup: I’ve done noise studies on—and it’s different, but on a freeway and I can’t remember where I got the information from, being cheap, I did it myself. I got the information on the criteria that was already established. It was based on distance on house to freeway, height of fence along the freeway, I think it was also factored in there for shrubbery and landscaping type items. Now it’s just a matter of plugging that data in and it gave the decibel ratings of different locations. Maybe it’s not that simple there. It wasn’t a big drawn out—maybe before, I would like to ask more questions of probably Mrs. Rogers as a representative of the homeowners association. I think I’ve said enough. MacCoy: Thank you, do you want to sit down. Mrs. Rogers? De Weerd: Malcolm, I mean Mr. Chairman, just one thing for Mr. Durkin, I understand your time issue and I would not personally be opposed to calling a meeting after we get the ACHD report just to deal with this one item. It takes up most of our agenda and it might be nice to just get it in it’s own separate meeting so we can just take care of those issues. I do want to see ACHD’s report and have a chance to ask questions and comment on it. That might even give Mr. Durkin time to have some kind of noise. My recollection—I just recall that last meeting we talked about these masonry walls and sound and I don’t think this sound thing is a new issue that we are bringing up tonight. So, I would not be opposed personally to calling a special meeting later this month. ACHD has their report on the 23rd . Tuesday is the 29th , it would give, don’t they do that the 4th Tuesday? I would not be opposed to calling a special meeting. Durkin: Commissioner may I ask—you’re going to ask one of the previous people to come back, I think it would be a good idea to ask Mr. Sale, if he’s still here, he may be able to give you a sense that they are—what the issues are with the ACHD. I believe that there may be a false sense that ACHD is like saying this either should or shouldn’t happen. I don’t know if you have read any of the staff reports that they’ve submitted to the commissioners, but there have been four of them and we are in agreement with all of them. So it’s not like there is a giant issue. Would that matter to you, would that make any difference if you knew that to give an approval on the project subject to us abiding by every condition put on by ACHD. I just don’t understand that your authority to bring it back after you have an ACHD report, is that going to make the 35 foot wide berm different or the wall different? I just don’t get it. There is no traffic issue that I’m aware of with ACHD and Mr. Sale is here, he can maybe answer that. De Weerd: Well, I don’t think that ACHD is the only issue. I think the issue is still the buffer, if we feel a masonry wall is—I guess from what I hear Commissioner Borup say, we would like, and Commissioner Nelson, we would like to know MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 58 more information before we make you put in a retaining wall that’s going to be something that is going to be the benefit of the subdivision. Durkin: But are you using the ACHD as an excuse. I don’t know what they could possibly tell you. De Weerd: I would not use them as an excuse, I do feel that this is the only public hearing that we will have. You will not have a public hearing at City Council I think it is fair to allow people to have the opportunity to comment if they feel it is necessary for them to comment. That’s a personal feeling. Borup: May I just comment, there is a public comment at the ACHD commission meeting, much like this. So there is a chance to specifically to talk about the ACHD study. The other question that I would have, is everything that you anticipate in ACHD that would change your mind on how you feel about it based on the rest of it? De Weerd: Like the buffer area and how the noise… Borup: Well, no, yeah those are separate issues. So if ACHD, I mean right now, they have got 32 items on there. De Weerd: Other than the fact that… Borup: So they add 33 would that change your mind on how you may be inclined to vote on the project. De Weerd: I thought at some point Commissioner Borup, I thought we really didn’t want to forward a project until we had all the information. I know we made a strong comment about that at our last meeting and now we are already considering going against that? Borup: No, I don’t think it’s the same situation. De Weerd: Well, I guess I’m not experienced enough to see any difference. Borup: We were talking about preliminary plats and findings, etc. This is a conditional use permit, that’s all we’re looking at. I believe that we will have some design and review authority here. De Weerd: I don’t know, maybe I would be interested to hear about Mr. Sale has to say. Borup: I would too, we are not forward (Inaudible). De Weerd: I can’t say any thing further. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 59 MacCoy: Are you two ready to listen to Mr. Sale? Commissioner Borup, you said you would like to recall. Borup: Yeah, I would like to hear Mr. Sale first, with all that still fresh on the mind. MacCoy: Thanks for sticking around. Sale: How can I help? Borup: Mr. Durkin made some statements expressing good cooperation between ACHD and the development, is there any concern on your part on complying with each and every stipulation. You’ve got some—I realize that some of them are not specific, but there is a lot of things on the intersection, deceleration lanes, etc., etc. Essentially would you agree with the statement Mr. Durkin just made? Sale: Mr. Chairman, Commissioner Borup, I would like to have a copy of your tape if you’d loan it to me. I’ll just take it to the commission meeting and then we’ll put the item on the consent agenda and it won’t take much time at all. Seriously, we’ve met—the last time we met with Mr. Bauwens and their traffic engineer there was only one item of significant discussion and I think we’ve rectified that. So I guess I would conditionally—that’s not the right word—I would hesitantly agree with this statement that there are no issues. I never say never and I don’t give any guarantees. They’ve been good to work with, they—we’re laying some pretty heavy improvements, requirements on them. They recognize the need for those and are being cooperative. There is no signed deal yet. Nelson: Let me just ask this one question. My main concern was that between the time it left here and it made it to City Council, that potentially there was some change that impact the site plan as we’ve been discussing it. If you feel comfortable, the entryways that shown and the traffic patterns of this site aren’t really an issue and that there is no concern that between now and the City Council meeting that that get modified, without going line by line, does this look like a pretty stable site plans as far as you’re concerned. Sale: Mr. Chairman, Commissioner Nelson, last meeting we decided to add, oddly enough as people fall over, add a driveway on Pine street to empty out that parking area to the southwest quadrant. That’s reflective of our concern which doesn’t really relate to the public streets. We have a serious concern about the amount of traffic that is going to be going past the fronts of the stores. If you got one of the later staff reports drafts, you’ve seen that in there. We are recommending to you to encourage the applicant to do something different with the on site circulation system. Also to aid that in the very center of the project, Mr. Bauwens indicated that we would—that they would open up the isles in that MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 60 parking area near the intersection of Fairview and Eagle so that parking area would empty out quickly to that first driveway. That’s going to be a right in, right out driveway, but at least it will give people a way to get onto the arterial system without having to travel a half a mile in front of the store fronts. Those are the only items that I think are still of significant discussion. I would not consider those significant site plan changes to add a driveway and modify the driveway isles on site. Nelson: Thank you. De Weerd: So in your opinion, if the applicant—he wants to work with you and he’s going to do what you recommend, you see any from ACHD’s perspective, any reason to not act tonight on this, without your report? Sale: Mr. Chairman, I don’t think I should answer that… De Weerd: I thought I would ask anyway. Sale: If you have a policy of not acting without a report, this is a fairly significant application to deviate from that. There are some other applications on tonight’s agenda, that it wouldn’t matter as much. I think I’ll pass. De Weerd: I have a question for Shari. If any of these changes were impacted by ACHD’s report, is that something that can be taken care of in the design site, or design review. Stiles: Commissioner De Weerd, commissioners, if they are not significant, I guess if they would not be considered significant changes. Significant changes I would say would be reducing the parking spaces below requirements, increasing size of buildings, after they’ve been approved, those kind of things I would consider significant changes. I’m not particularly happy with the way the parking is laid out. It’s kind of a free for all with it’s—I don’t know if Ada County Highway District is going to make any comments requesting perhaps some of them or directional one way with some angle parking. I think that would be more desirable, but without knowing what kind of comments they might have, I don’t know whether they would be considered significant or not. De Weerd: So you would not feel comfortable moving. You guys are the professionals, come on. Would you feel comfortable passing—okay, I won’t ask it. Borup: May I follow a question to Shari, what future presentations that we would like you to have, are we going to have some design review and would that entail just the buildings or would it entail parking lot design or are we going to have some additional design review after the conditional use? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 61 Stiles: I would hope we would have some design review, the only building I’ve seen is the Shopko building, I haven’t seen any details of any of the remainder of the project. Borup: That was the way that I read the original conditional use is that it would be subject to design review so I’m assuming that we still have an opportunity to review those. Some of those things. I would hope that the commission would feel comfortable in making that a requirement. Any drive-thru’s would still be conditional use permit. I would—Mr. Chairman, and maybe Mr. Sale could just not his head—my reading of this ACHD comments are really concerning access in and out of the property things that impact the public roads and does not really get into any internal parking lot design or traffic flow within the parking lot, is that correct? Try to make it easy yes or no answer for you. Sales: Our jurisdiction stops at the right-of-way line. Borup: That’s why the one comment was a recommendation to the city. I see. That’s what I understood. I wanted to get that clarified. Sales: Our concerned is not. MacCoy: Okay, you were going to call somebody else forward here. Borup: Well, … MacCoy: Or did you change your mind? Borup: No, it was for one specific thing and that’s on the noise issue. I think Mrs. Rogers said she had done some research on that. Without getting a lot of—well, we didn’t get much detail on that, so that is what my question is concerning that one issue. MacCoy: Would Mrs. Rogers please come forward please. Rogers: Yes, Commissioner Borup. Borup: I just wanted to make sure your name got on for the record. You had mentioned that you had done some—what type of noise study did you do? Rogers: I found stuff that was already—I found the information was already documented. I got it off of a web site called NONOISE.ORG. Ada Planning directed me there, they had no other place to go to tell me to find information. So, I went there. They were news articles, one was a study by the Minnesota Pollution Agency. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 62 Borup: Which of those studies did you feel was most pertinent to this situation. The statement by the Minnesota Pollution Agency about solely trees and shrubs for noise control. I felt that was significant. I mean—I don’t know what else to say other than I’ve already said. The barrier right now is not continuous, it is not thick, the foliage will drop to the ground. You know, this is the only—what I have maybe anecdotal, but it’s still written down, it’s still some sort of data. We don’t have data from anybody else. We’re having trouble as homeowners finding the data. I’ve been to the library, I’ve been to Ada Planning. This is not easy to find. At least not for homeowners. My husband tried to find a sound meter so we could go behind and actually do this ourselves. We can’t even rent one. At least not to our knowledge, so for us—at least for me, I think that the statement about the trees being by themselves as being little noise control. I think for us residents, that is… Borup: Do you know what type of project that was referring to, the one in Minnesota? Rogers: No, I would have to go back and look at it. Borup: You’re not sure if it’s a freeway or a shopping center? Rogers: When I read it, it was very general. Finding data on big shopping center is also something I had a very difficult time finding specifics for. If the commission has any idea where to find it, I will gladly go and look for it. I will gladly go and look for it. Borup: I don’t know any. That’s what we are trying to find also. Did the Minnesota other than saying that trees as the only did not work, did they have any other specific recommendations? Or, was that deduced? Rogers: They stated that, they suggested as a use of a barrier that walls, berms, or other structures intended to provide excess (Inaudible) by blocking noise from the source. That’s what I have. Borup: Something to get some height off the ground other than just the trees. Thank you. Rogers: Can I say one more quick thing. One of the other, some of the other residents have said that in addition to concerns about dust abatement and those things, they are also concerned about outside speakers, through truck traffic through the subdivision, the sweeping, mowing, and delivery times, and the light shining in our yards, just to have that on there as additional concerns that I maybe didn’t address with my statements earlier. Borup: I think all of those have been mentioned. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 63 Rogers: Okay, thank you. MacCoy: Before you leave there, I’m looking for a source. I’ve done a lot of design work in California and they are very concerned about the (Inaudible) we are all concerned about and there are some very heavy documents that have been turned out by experts in the State of California. So if you want to find a source through the net to get the data from California. Rogers: Do you have any specific place that I can look. MacCoy: Not off the top of my head right now, but there’s (Inaudible) I was there at the time, but I do know that there is documents that are written in the library. Rogers: I’ve been to the library. MacCoy: Well, I mean in California. (Inaudible) got here. Rogers: If I can find it here, I will find it, I will try and bring it here. If I don’t know where to look, I can’t. MacCoy: You might want to try BSU if you can, they have a total U. S. Library and they can get material for you. Roger: Okay, thank you. Any other questions? MacCoy: I don’t think so. Mr. Durkin? Durkin: Can I make a comment? Nelson: Before you do, let me let you comment about my next comment, while you are at it. One thing we are concerned about is compliance issues and one of the anecdotal commentary tonight, even quoting the web as a source of information, that’s find, it’s a good source, but most web data needs to be verified, so my concern is about, it may be even for your benefit, that once your development is up, you may have by then, she finds the noise meter after your development is ready. So in our minds as a commission, we need, the number one issue is the buffering with the neighborhood. I think for all peoples benefit, it needs to be in quantifiable measurable level such that, if you meet the requirements we impose that you can prove it, so that you don’t have to continually defend it. I think it does you good, and them good. I’m afraid that we as a commission may impose upon you a 60 foot wide buffer with a 20 foot wall made of granite or whatever it becomes. That you invest hundred of thousands of dollars more than are required to get the effect that these people are looking for. Like you said before, the potential that we petition later to have that removed. It might not be the benefit of the homeowner that we overbuild that MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 64 buffer either and give them something to deal with for the next century. So what I am really leaning towards is getting information from a qualified sound engineer and putting them into quantifiable numbers that we can put into a conditional use permit and pass that on and get that approved and get away from the anecdotal. I’m very comfortable with ACHD imposing requirements and that you’ll meet them. By the same token, I’m very uncomfortable with passing it on and allowing—making sure that City Council catches some of that internal traffic issues that ACHD might have. So now, you can have your way with me. Borup: Maybe just to add on to Mr. Nelsons comment, I’m assume that you are talking about specifics, would that include decibel levels then? Nelson: Yes, I mean put it in terms that—levels that are recommended by people in the industry so that you can design to it and that we can verify it and that there is no gray area after you’re done. That’s what I want. Durkin: I feel real bold asking this, but would it be appropriate for me to ask for about a five minute break so that I can recess with Tom Bauwens who is an engineer with my office. I think I can come up—I have an idea that I just want to step out with him and talk about it for a minute. I think we can come up with an idea that is a solution that is a win-win for the neighbors and you and how we can get to that point on the berm. I don’t have the answer tonight, but I have a suggestion on how we can get an answer, it struck me this evening. MacCoy: It’s eleven o’clock already, I’ll give you what do you want? Five minutes? Durkin: Four or five minutes. MacCoy: You can go out… Borup: Mr. Chairman, can we, I guess I would be in favor of doing a delay so that we can move on, then while during those five minutes can we perhaps go over the other four items so we don’t need to do that later on. MacCoy: Well, it won’t take him very long and I’ve got something to say anyway so. Durkin: I just, I’ll I want—I’m specific to the berm answer, that’s all I’m going to talk about. I just need to dig/hit a resource out of his brain here. Borup: Can we momentarily table this then, is that what we need to do? MacCoy: I’m going to make some comment about this right now, so we’re doing the same thing. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 65 Nelson: Is that appropriate while they are gone? Rossman: Mr. Chairman, why don’t we take a break, the applicant isn’t even in the room. MacCoy: Alright, we might as well do this. Borup: So we can’t table this and get 9, 10,11,12, and 13 out of the way? MacCoy: Take a break, he’s going to be gone four minutes, I all you’re going to get out of it. I think once you start anything like this, you’re going to end up having him sit too. Borup: I thought most of these were going to be open and closed because it’s… MacCoy: Well, it may be, but you know how this is going this evening, I thought we’d be out by ten o’clock. That was my hope anyway. I’m afraid that we’ve had a hard time of it too. De Weerd: Mr. Chairman, are we going to take a break too then? MacCoy: Five minutes break is all we are going to take to get out of here and we’ll get back in and see how we can do this. Durkin: You know, the project that we’re dealing with tonight is the staff report with I haven’t even counted, but there is 30 or more suggestions and provisions in the staff report, I think we’ve worked through a lot of those, and from what I can see tonight, having been through this a fair number of time, and even in this city several times. We are basically down to two major issues. We’re down to ACHD report and we are down to what and in whose opinion is a satisfactory berm and buffer area between the two properties. I would like to make a suggestion. I know that last meeting when we were here, Commissioner Smith and Commissioner Borup recommended that I go back and take a look and find out how big the trees grow in five years, go back and take a look and see if there is anything else we could possibly do to quite down the area behind the grocery store and try our best to have the ACHD answers. For the record, we’ve submitted a drawing tonight that shows what the trees do in two to five years or two to seven, whatever we submitted, that was a request. We submitted a suggestion for the area behind the grocery store, that was a suggestion, that’s our response to that. I’m going to submit this to Will, to the City Clerk for the records in the list of our efforts to get the ACHD and we are not there with them not yet. I would like, if it’s at all possible tonight, because it will save a lot of our project if we can at least come to an agreement on significant components of the project and have us, we will agree to retain the services of this Portland base company. They are the company that assisted in writing the noise ordinance for the City of Boise. I don’t know if you are familiar with, I don’t know the details, MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 66 but there are decibels written down and what you can do, what you can’t do, what’s going to make this noise, what’s going to make that noise, what a truck does, a motorcycle does and a stereo. That’s in the Boise Ordinance now. We will retain the services of that company and we will make every effort to get them over here to meet with us and Mrs. Rogers, is it and everybody else. There is not a lot of time, so I can’t have three months worth of meetings, we’ll set a time if it works for me, if it works for the person from the company and it works for Mrs. Rogers. Anyone else is available and wants to come, they’ll come. That person will do a study and will do a report and we’ll submit it. That’s the best that I can do and as long as there is some kind of agreement that you’ll live with that. I won’t influence them, Mrs. Rogers will be there, but it wouldn’t be any less than what we are proposing now. If he is making a recommendation that we have to do more to comply with the decibels that are in the Boise Ordinance, they would know the answers to the science that I don’t know. They would do a report that is a stamped, signed, and sealed report that will stand up in the court. It’s like an appraisal a survey or a traffic study. It’s the best information that a scientist can get at that time. That’s the only one company that I know that has that capability. There may be more, but if you’ll agree to accept this company, assuming that they have the credentials, I don’t know if Shari or Bruce are familiar with them, I’ll hire them and get them over here and meet with at least one of the homeowners representatives and us and I’ll have the report in a month. I’m asking you tonight to give me the go ahead on significant other portions of it subject to in a month I know then I have to bring in the report on the berm and the quietness nature and we have to have a satisfactory report from ACHD. I have no doubt that we’ll get what we need. We’ll be able to deliver to you what we need from ACHD. I have every confidence that that won’t be a hurdle, I do think that there will be hurdle and some discussion relating to the berm and the wall, but I’ll put—we’ll put our faith and our competence in the expert and I commit to you that our input, our correspondence with them, all of it both ways will copy Mrs. Rogers, and she’ll be—if she is available, if she would come to the meeting, we’ll have it on this side of town so she will be as fully informed. So in a month, she’ll have an ACHD answer and a berm answer. In the mean time, we go forward on everything else. MacCoy: Very good offer, let me check, commissioners comments? De Weerd: Did Shari want to have… MacCoy: Yes she wants to, but I want to get commissioners, he made a presentation right now, is there any comments, or do you want to hold it till after Shari speaks. Nelson: I’ll comment that I think that’s appropriate and I would like those retained services to review your proposal and also the proposals that have come from the homeowners and hopefully they can help educate both the homeowner MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 67 and us. Then we can weigh the differences between what you’ve offered and what they have suggested. I think that’s appropriate. MacCoy: Commissioners De Weerd, do you have any comments? De Weerd: Not till I hear what Shari has to say. MacCoy: Commissioner Borup, anything from what has been presented? Borup: No, I was still thinking about commissioner Nelsons remarks and I’m not sure what he said is what Mr. Durkin had offered. Nelson: I mentioned that because I wanted to specifically have the consultant review both his proposal and those offered by the homeowners, because he, I think there is a good chance that he might tell them what you have and that could be detrimental, that way it might quill some concerns. Durkin: Commissioner, there has got to be a day when you step out and there has got to be some trust, I’m telling you that the correspondence that I have with them both ways will be copy one representative of the homeowners association. When we have a meeting, she will be there, if she can’t be there, she can send someone else, she can bring whoever she wants. We’ll have the meeting on this side of town so it’s convenient for her. Nelson: I’m comfortable with that. Rossman: Mr. Durkin, just so Commissioner Nelson is clear on what you are proposing, what you are proposing is that conditional approval be provided by the commissioners tonight with the condition that you retain the services of this company from Portland Oregon to do this study and provide recommendations and that you will comply with those recommendations but you are asking for approval today. You are not proposing that you will hire this company and that we’ll come back in a month and see their reports before the commission makes a determination. Durkin: I could make a motion, but I would get into trouble if I did. There are a number of other points that I’m on the record from the last couple of meetings that I wanted to modified. My offer relating to the two items that we just talked about, I will be as clear as I can. We are asking for the go ahead from you, keep in mind, that go ahead requires us to go to ACHD for more public hearings, they can defer and take time which they have already, they can continue to do that if they feel it is necessary. It requires us then to go to the council. We will have another meeting in another month. There is only two things that we’ll talk about, we will talk about the ACHD report which will be public at that time, and we will talk about that report that I’ll have submitted to me from an engineering company that I want to protect myself, it’s Portland area, it might be Beaverton, it’s a MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 68 Portland area company, the only one that I’m aware of, and they do noise and screening studies and reports and they tell you what the noise will be and where it’ll be. I would imagine that company would look at what we have submitted and tell me, you, and the neighbors what the noise impact will be on every ten feet, twenty feet at different times of day. They will then look at what the neighbors have drawn and then give the report on that. So there is obviously going to be some variances. They may give a report that says both of these are bad ideas and you should do this. I’m willing to put the project to that recommendation of that decision in the hands of a company—the only one that I know of that does it—so I’m asking for approval on the vast majority of this tonight subject to you review the ACHD subject to you coming up with a satisfactory berm noise protection plan between this project and a residential area. As long as we are in agreement that I can use that company. Rossman: From the legal standpoint, I’m not sure that the commission can provide you a partial approval sir. If you want to continue the hearing, we can continue the hearing, but we can’t make any commitments as to any issues until we are ready to decide on the entire application. Durkin: I think counsel that you can do a partial approval, you can do a full approval with further review of two areas. Rossman: Do you have any legal authority (Inaudible)? Durkin: No, I don’t. I’ve actually seen it done a fair number of times. That’s my legal experience. I’ve seen it done many times. Nelson: I’m ready to move on with my life. I would be comfortable with sending this to City Council with those two conditions. Borup: Mr. Chairman, I do have a question for Mr. Durkin, I’m leaning that way too. The two proposals that we look at, or more than two, how does that effect your project in design if the buffering distance needed to change? Durkin: It could, but it isn’t going to effect the storm sewer flows, (Inaudible). It allows me to go forward on the critical things that I have to do right now. Borup: Okay, that’s what I was wondering. If the noise engineer said, you need 30 feet… Durkin: 50 feet or four feet would be adequate, those things aren’t going to effect what we need to go forward on. Borup: That answers my question on that. The other thing, just to let you know that I would be concerned about also is the internal circulation, which has already been stated, ACHD doesn’t really have any authority there. We kind of MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 69 got a way from that issue and on to the buffering, but the cut through traffic was a concern, I can’t see that many people doing it, but if there was some different internal traffic control in there, that would definitely alleviate that. I’m inclined that it would probably be included in there somewhere again in a subsequent review or something, again I don’t think that will impede your initial go ahead with your design. That’s all. MacCoy: Shari? Stiles: Chairman MacCoy, Commissioners, I don’t know what they are talking about could be accomplished in the next two weeks, Will has indicated that the only times that you have available is the 24th and the 25th , which is a Thursday and Friday. MacCoy: Mr. Durkin is talking about the October 13th , he said a month, so that would be our next meeting… Stiles: If you wait till your next meeting how can you order findings tonight without having that information? You have to order findings, it’s going to take another month. If you would have the special meeting, continue the public hearing to accept that information so it can be included in the findings, then instruct the attorney to have those findings prepared for the October 13th meeting. They will still go to City Council on October 20th just as they would if you would order findings tonight, they are not loosing any time at all. I just don’t know if that’s possible and they are able to get that sound guy out here within the next two weeks or… MacCoy: Mr. Durkin? Durkin: Mr. Chairman, I have no idea because I’ve never done it, but I would be shocked. It takes six weeks to get an environmental assessment and a long time, I would just be shocked. I would be concerned of the accuracy of the report in that short of time. MacCoy: We had discussed before the break about having a special meeting for you with the same month which would help in your behalf. We also realize that trying to get the facts together and trying to get your facts together, it’s maybe difficult. The only date we have open is the 23rd and 24th . The 24th seemed to be blocked in. The next thing is the October 13th which is our own meeting a month away. Borup: Mr. Chairman, a question for Shari, is there concern in your mind on conditional approval. Approving the project with—conditional approval on the buffering on the ACHD study and then I would probably add the internal… (END OF TAPE) MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 70 Borup: I mean concern about monitoring it properly and I realize then the other findings would go on to City Council I guess stipulating those same things. That would be worked out later then back to us again. Stiles: I guess the wording would have to be very specific to meet the requirements of Ada County Highway District and also that the buffering not be less than what has already been proposed by the applicant. If Mr. Durkin is willing to agree to some kind of condition it’s—the buffer has to meet the requirements of the sound engineer plus be approved in writing by something by the homeowners association. I guess that I really don’t feel comfortable in accepting information after you have closed a public hearing and trying to incorporate that into findings. Maybe our whiz attorney can have a way to do that. Rossman: I don’t know if whiz attorney is an accurate description, but I think there is a distinct difference, I think there is real miscommunication here and there is a distinct difference between conditional approval which is an approval today of the application on the conditions as stated by the commission to include the two issues that all recommendations, requirements of ACHD be complied with and all recommendation requirements of the sound engineering outfit be complied with. That’s a conditional approval, but there is also a difference about what has also been talked about today with providing partial approval today on all issues except the two, the ACHD and the sound issue and continuing the public hearing to another date for only those two issues. There is a complete difference between those two proposals. If you want to continue the hearing you continue the hearing on the entire application, from a legal standpoint. If you want to grant conditional approval today, then you grant conditional approval today on those terms. The way I see it from a legal standpoint, those are your two options, or a denial. De Weerd: If they order findings, they would have to close the public hearing and the public would not be able to comment on the studies that we will be hearing next month, right? Rossman: That’s right, if you grant conditional approval you’re putting your full faith and trust in the fact that this engineering report will be accurately prepared and that everybody will be satisfied with it and that it will actually resolve the issues that have been raised today. That is entirely up to you, that’s certainly not something that would be out of the ordinary or something that you could not do. You certainly can grant conditional approval on those terms. Durkin: I think the point is the buffering would not be less than is presently proposed. I will go on record that I’m agreeable to expanding it, extending it. If it accomplishes something, I’m agreeable to that. The final outcome will meet or exceed the requirements in the Boise City Noise Ordinance. So I don’t know if MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 71 those are the two correct words, meet or exceed when talking about noise, but my idea is that it would be quieter than what is required by the City of Boise. I’m—it’s tricky, I don’t know how… De Weerd: Well, essentially what we are doing if you guys go ahead and do this, because I’m just one vote, is that the homeowners will not have a chance to respond outside of Mrs. Rogers having her part in the study. Durkin: Well, it’s just an idea. De Weerd: I’m still open to a special meeting. Durkin: I am also, I would make every effort to accomplish this in that amount of time. I’ve never retained these people, I’ve never retained anyone like them anywhere in the United States, they might be the only one in the world. They might be all over doing this, I have no idea, so I don’t know if I can call them up and get them over here on Friday or what, I have no idea what to expect. Borup: Mr. Chairman, in my mind a special meeting would answer the ACHD questions and realistically probably not the noise engineering issue. Mr. Durkin on the internal traffic flow within the development, is that something you’ve had your engineers look at, at all? Durkin: Commissioner Borup, frankly, I wasn’t aware of that concern till this evening, aside from the landscaping parts in there. Borup: Well it was in the ACHD draft report. Durkin: Right, I’m aware of it that way. I thought we had responded to that. Okay. We think we are making ACHD happy. He’s going to have fun with this tape at the hearing, I’m not aware of a problem with it, we have an engineering company. Borup: Essentially I think it’s what Boise Town Square has. Durkin: What’s that? Borup: An internal roadway, but it’s a different configuration than the building. Durkin: It’s completely different. I wasn’t ready to respond to that, I thought that was a resolved issue with ACHD and our traffic engineer and my associate Tom Bauwens, I just wasn’t aware until right now that was still outstanding. Is there any solution? Our traffic engineer is doing an analysis and I don’t know… Borup: I think I’d asked that earlier if that was something we could review in the design review aspect. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 72 Durkin: Can you do the berm in the design review aspect? Borup: No, I’m talking about that internal traffic study. I guess it depends on what areas we have design review over. Just the buildings, or does the parking lot? Whatever we decide, okay. MacCoy: Commissioners, are you ready to make a decision here? Rossman: I think there is another witness. MacCoy: Alright, Mr. Durkin, if you have no more to say to us, the commissioners have agreed what you’ve got right now. We’ve still got the open hearing. Nelson: I have one quick question, believe it or not, it’s unrelated to the last two. If you could just, I just thought of this tonight and what provisions do we have for like a throughout the site some kind of continuity of design? Durkin: We have an architectural design that we’ve submitted for the Shopko store, that design, those materials and those colors will go throughout the whole main building of the project, then on each of the individual buildings we’ll go through this process on each, on a building by building, on a small, what we call a pad site uses, along here. So we will submitting those each individually, but all these buildings will have the same exterior materials and colors as the architectural drawings that we submitted on the Shopko store. MacCoy: Anything you want to say? Okay, thank you. Still an open public, and we have somebody in the back here that would like to speak. BROOKE BARZEE, 3670 E. FLORENCE, MERIDIAN, ID. WAS SWORN BY THE ATTORNEY. Barzee: One thing that I think hasn’t been raised and this is something that I just realized is my home is—there is the big warehouse store and then there is parking in between there and the stores next to it. That goes clear up to our back yard. They were stating that there wouldn’t be any activity besides delivery trucks and I think there will be more than that there. I don’t know that that’s been addressed. Do you know where I’m talking about? I did see a picture of the berm that he was proposing, which a berm is better than being flat, but I think it would need to be around—if you are going to do it where the grocery store is, we’re just as close. I think it needs to be a benefit for all adjacent property owners, mostly because my husband works from three to two in the morning, he’s in bed asleep, he needs that additional buffering also. We’ve discussed the effect of the traffic on the subdivision, even though this is going to be a benefit to Meridian, it’s going to effect the entire city, it’s an artery clear to Eagle, if not MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 73 farther, I’m sure that’s being address. Just tonight, it seems like everyone is concerned about that area, I think it’s used for more than that subdivision and shopping center. The only other thing I wanted to mention was that you’re saying we are worried about the buffering and screening. I think we’ve brought up more concerns than that, that need to be considered before approval. I would want to know what your thoughts are on that, I know that you are concerned about it, rather than the buffering and the traffic only. We’ve had a whole list but not been able to concentrate on those. I can’t list them all, but I know there are more. That’s it. Any questions? MacCoy: Is there anybody else before we close the public hearing? MARTY HALE, 3515 E. CONGRESSIONAL, MERIDIAN, ID. WAS SWORN BY THE ATTORNEY. Hale: I was here the last meeting and this meeting and I am a little bit concerned about a couple of issues. I know that we’ve discussed this already a little bit, I’ve tried to live my life doing things for other people, that I would like have done for me. I can not envision myself living in the Crossroad Subdivision without a better barrier than a six foot wooden fence and some trees built up on a five or six foot berm, whatever. I think we’ve got to have a little bit more than that. Mr. Durkin did bring up the Portland Company and he said he would pay for that. I applaud that wholeheartedly, but I would like to have him a little bit more removed from it, then just paying for it. I think that if Mrs. Rogers were willing, I think if she were to contract the company herself and he could pay them through her, I would feel more comfortable as a homeowner with that. Remove him a little bit away from it or contacting Portland company, I know that anybody that’s in business knows somebody else that is in the same business. So there has to be some other companies. I just want—it’s not like I’m not trusting, I just want to be as comfortable with this as possible. I do want to have public hearings after that has been made. I think that’s rather important. Please do that. My other concern is the traffic, I know that we’ve discussed this, but for once in my life as a citizen of not only this nation, but of this community I would like to see some traffic concerns addressed before the development happened. I’m sick and tired of having the development happen first and then watching ACHD try and catch up to us. I understand that Mr. Durkin wants to move this thing forward quickly, but my experience and I know that everybody else has found this to be the case, haste does make waste. I do think we need to tread this very carefully. Again, I refer back to the traffic, I would like to see some of those traffic concerns addressed well ahead of the construction even beginning. I think that makes sense, I have been in other states where they have always had, I remember looking at maps of cities with city streets on it that didn’t even exist yet, for two years. In all the construction of the city streets were well ahead of the actual development, that makes a whole lot of sense to me. For one time in my life, I would like to see Idaho do the same thing. I’m finished. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 74 MacCoy: Thank you, I’ll answer your questions in a moment here. Is there any? The hour is getting late here, I hate to tell you but we were going to break at 11 o’clock and it’s almost midnight now and we still have more to go tonight. Durrant: My only thing is I just would like to remind the commission as a homeowner, I would like you guys wait and see the ACHD report and possible insist that they do use a recent traffic study done within the last completion of the Eagle Road project, I think that would have a big impact on the size of this project that would be able to accommodate the traffic flow. I never even heard anybody talk about it, I didn’t even know if it was a possibility of shrinking the size of the project by a certain percentage to accommodate traffic. I just wanted to put that out. MacCoy: Mr. Durkin do you want to get back up here again? Durkin: No, I think I’ll wait till someone else get up. Otherwise in the interest of time, I know everyone is tired. DAVE BARNES, WAS SWORN BY ATTORNEY. Barnes: I think my only comment is I think everyone is thinking on a what is the minimum that we have to have to get by with and I live in that subdivision and I don’t want the minimums, I‘ve got to live there. If the minimum is here, why don’t we once raise the level and start shooting for something that is way above the minimums. If the berm is required for a ten foot, lets push it out and make it nicer. I think everyone is always shooting for the minimums, well, lets just get by. If it’s this big of a project and it could benefit the city as big as it’s going to let it, let’s make it the best thing there for both people, for the city, for Mr. Durkin and us too. De Weerd: I just have a comment and I’ve been trying not to say this at all, but I finally have got to that point. If you go and look at shopping centers that we have in this local area, you will not see anything behind them, we’re not going for the minimum here, this developer is not even agreeing to just the minimum. They are going above and beyond what you see in this area, anywhere. So we will not on your behalf accept the minimum. I think that’s already apparent. I think I’ve visited every shopping center in this area and you would be appalled to see what is abutting their property line. Generally it’s weeds or it’s houses. I think this developer is being very fair in trying to work this out and we are trying to be as fair as we can to make sure that your concerns are met and that you are going to get the best buffering that you can. There, I get off my soap box, but we are not going for the minimum, and I don’t think this developer is going for the minimum. So, I’m sorry I tried not to say that this whole time. MacCoy: Very good. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 75 Brown: Commissioner De Weerd, I just wanted to let you know as far as the minimum, I think one of our concerns was that I spoke to Shari on staff after the last meeting and I remember her saying that the original proposal, I mean this must have been way back. The original proposal by Mr. Durkin was a ten foot buffer even after Shari had told him that the minimum that they would accept was 20. So what I understand from Shari is that the minimum was 20, which is what he is proposing. He said he has increased it from 10 to 20, but from what I understood from Shari was that she had told him originally at the beginning the minimum was 20. I just wanted to clarify that. That’s what I’ve been told and I think that was our understanding as far as the minimum for the buffer. Thank you. MacCoy: Is there anyone else at this point? De Weerd: I just have a response that was just a recommendation, that does not mean that is the minimum under our ordinance, that was a recommendation. Jaynes: I know you mentioned earlier something about property values and I’m waiting to hear whatever you had to say. MacCoy: I’ve been waiting my turn too. Jaynes: I have noticed that in the subdivision, we have a bunch of rentals now and we never used to have rentals before. That is a real concern to me because if people can’t sell their houses now, people are certainly not going to be able to see them after this goes in. That is a real concern. That really effects property values. In fact, I have a rental right across the street from me right now. So, I just wanted to let you know that it’s already effecting people and their ability to sell their houses in the subdivision, because it’s never happened before, I’ve never seen a rental in there before. MacCoy: I’m afraid to ask the question. Is there anyone else in this group here that would like to have the last two bits in this point before we move on? Before I give it to the commissioners, I’m assuming that we are at a point now that every body at least had their say. I would like to open your minds a little bit because, Commissioner Borup and I have served on a couple of other commissions as volunteers which very much impact your area and our area and this city and this county. We both served on traffic commissions and areas that relate to traffic commissions. Mr. Durkin this evening made one small comment which went on through everybody, I’m sure. It was to do with the fact that he is putting up buildings in this area and you may be glad they are there. The comment made recently about planning ahead. Ada County and Canyon County are working together and planning ahead. We’ve been at this for months. I want to share with you something that has just come to light this summer and we have not put it into print yet, I’ve already asked Mr. Sale this evening can I comment on that. I think it may make some difference to you or at least open your minds to MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 76 something in the future. Ada County, Canyon County, ACHD all the people that are involved in this thing have already looked at Eagle, Eagle just got expanded on the way down toward Eagle itself, the City of Eagle and now they’ve decided that they are going to expand it again and also Fairview is looking at that. The intersection of Eagle and Fairview has been declared this past summer as the busiest intersection and will continue to be in the state of Idaho, even to the point that we are faced with now, even though we’ve got a shopping center going in this corner. All four corners are being looked at nationally. This is the—if you were to read the communications that we have seen recently. The Consumers Report, Newsweek, Time Magazine has placed Meridian as number one and two in the nation for growth. We are receiving countless comments and letters, commentaries of what can they buy into, where can they go with this. This area, this intersection is now programmed as one of the busiest there is going to be in the nation. ACHD has already looked at and got on the drawing board, over under this intersection, which means they are going to elevate some highway in this area. If it wasn’t for this building going in here, you would have traffic noise, you couldn’t believe. It would be elevated above your house. This is going to be a good buffer in itself to where you live right now. We talked about real estate. I’ve talked to some very influential people who are in real estate, who own real estate corporations not just the company locally. They say, within five years, you’re sitting on a gold mine because you are going to be right next to where the action is. People who want to be able to walk to a place that they can buy goods and so on will want to buy your home. You’re going to experience for the first couple of years, the dip then after that, you could put a sign up in your place and it will be sold very quickly at a price you want to save for it. It’s going to meet a lot of criteria for the people who are retired, people who want to be in close because of other reasons. They can get to the shopping center and ones around this area by foot, by bicycle, so on. The land right across Fairview just north of this property is being looked to as an expansion and along with that, we are already looking at a fly over, pedestrian wise in these two—connecting these two areas. The reason they picked that direction and not Eagle because Eagle is so large to crossover, but Fairview is not. So look to the possibilities of the future. It may look glim, glum, sad to you right now, but the future looks bright if you talk to people who develop, people who do real estate, people who are wanting to be in this area. You are in a Mecca area, maybe what you bought into at the time didn’t look too good, but it may look real well five years down the road. So the main point is if you like where you live, and I think you do have a real nice area, it was put together by a developer who listed that thing and did the work for a quality area. So it’s not something that you are living in which is a slum area at all, you are living in very good area and it will be profitable to you later on. I’m not going to take any more time because it’s getting to be twelve o’clock and we’ve have got to move on. Commissioners, what do we have in mind? Rossman: I think you should close the public hearing first. MacCoy: I’m going to find out if this is what they want to do. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 77 Borup: Mr. Chairman, I move that we continue the public hearing to the special meeting September 24th at which time, we can review the ACHD report and perhaps get some additional direction on the noise study. MacCoy: Do I hear a second on that? De Weerd: Second. MacCoy: Any discussion? Nelson: I guess I’m comfortable with the special meeting, I just hope we don’t bring people in to a special meeting and have to re-meet again on the 13th of October. Do we gain enough… Borup: My intention would be hopefully we have enough information at that time to move to have findings prepared. Nelson: Okay, I’m in. MacCoy: Anymore discussions? Would you amend that and put a time in there so we can meet at a described date and time so everybody knows. Borup: I’m open, in the past, sometimes special meetings we’ve had a half hour early. MacCoy: That’s correct, do you want to do that? Borup: Would that be appropriate, 6:30? I would like to add that to my motion, meeting time 6:30. Nelson: I’ll comment that I will be out of town that week so we need to make sure we have a quorum. Pending Mr. Smith showing up. Borup: Three is a quorum. MacCoy: Three is a quorum, we can do it that way, we can cover. Borup: If you want to cop out like that. De Weerd: Most specifically, will be to address ACHD and the buffer issues. Of course, we don’t want to forget my 35 foot wide landscape and looking at breaking up the parking. Rossman: I need a second on the motion. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 78 Borup: Second on my amended motion. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: We’ll see you back here on the 24th . ITEM 10: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR PROPOSED FIRST MERIDIAN PLAZA BY WILD SHAMROCK PARTNERSHIP – SOUTH OF GEM AVENUE BETWEEN MERIDIAN ROAD AND E. 1ST . MacCoy: Is the applicant here to make any statements since we have a continued public hearing? Berg: Mr. Chairman, members of the commission, we contacted the applicant and he informed us that he wasn’t ready for the meeting tonight and wanted to postpone until October. We talked with Brian Iverson, he was supposedly faxing a note explaining this. De Weerd: On item number 10? Borup: Mr. Chairman, I move that we continue the public hearing item #10 to October 13th . De Weerd: Second. MacCoy: All in favor. MOTION CARRIED: All ayes. ITEM NO. 11: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED WHITESTONE ESTATES NO. 3 SUBDIVISION BY WHITESTONE PARTNERSHIP –WEST OF LINDER AND SOUTH OF FRANKLIN: KEITH JACOBS, WAS SWORN BY THE ATTORNEY. Jacobs: As you remember from last time, I sent a letter requesting this hearing be continued to this date. At that time, ACHD had made a request that we weren’t prepared to deal with at that time. On September 2nd we met with two ACHD’s representatives, Meridian P & Z representative, my client and a representative from the school district. ACHD had requested that the turn MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 79 around or the way we had designed the street intersection at the south west corner of the subdivision would be changed to reflect how we designed them. The other intersection at the south east corner. So at that meeting, we worked out the details of that particular intersection and the plat you have reflects that. The utilities that we intend to have the public utilities within the public street. Move that manhole that is outside of that public right-of-way and that corner and put that within the street five feet off of the lip of gutter and also move the fire hydrant and put the fire hydrant where it should be and trunk it in the public utilities within the public street. There would be two services that we would extend through that 25 foot, which is emergency access, which will be paved to the school property to the south, where we can extend water through there and a sewer connection for the school property, then the two lots that are there 11 and 12 we will have to adjust the utilities to serve those lots. One of the lots is a platted lot, which my client has retained the ownership on and we will include that in this plat to accommodate this change. To accomplish this, we’ve had to reduce the frontage on the two lots 11 and 12, to 30 feet from 40 feet, to provide that 25 foot wide access to the school property, we’ve had to make that reduction, so we are requesting that consideration. The school will own that 25 foot of access, emergency access. We will need to have the school district, the Ada County Highway District, and my client to sign on this plat as owners of the property. There is some ACHD right-of-way which will be exchanged during the process of this plat and since they are owners of part of that property, they will need to sign the plat so we can get it recorded. Do you have any other questions? MacCoy: Commissioner Borup? Borup: This is strictly emergency access from the school. They are going to have a break way post in there. Jacobs: That is my understanding, yes. The school district does not desire a public access to that property other than pedestrian access. Borup: Any comments on the ACHD report about the design of the—I believe they said they wanted a hammerhead, or a knuckle. Jacobs: A knuckle similar to what we had proposed on the southeast corner of this project. So we’ve replicated that on the southwest corner. They have not formally approved this. Larry Sale was here tonight, I appreciate his efforts to try and stay long enough to assist me in this application, he has indicated that the highway district does not have a problem with this proposal. Borup: It’s clear now, I tried to differentiate between the knuckle and the snoopy. The snoopy was a new term. Jacobs: The snoopy is out. Yes. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 80 Borup: That’s all I had, thank you. MacCoy: Commissioner De Weerd? De Weerd: No. MacCoy: Commissioner Nelson? Nelson: I have no comments. MacCoy: Well, we’ve got a open public hearing… Jacobs: Well just one more, if I may I’d like to point out. My client has made request to the Nampa/Meridian Irrigation District to tile the (Inaudible) lateral. It is my understanding that they will do that this fall (Inaudible). MacCoy: Thank you. De Weerd: Any comments from staff? MacCoy: I’m going to ask that right now. De Weerd: Okay, thank you. MacCoy: Is there anything from the public and I don’t see any of the public out here that is interested. Staff, do you have any comments? Freckleton: Staff, members of the commission. I just want to make one little point of clarification, on the utilities that would be extended down that common lot, it’s my intention to extend the public main down that common lot and eventually loop that public main through the school site and back out to Waltman. So that I can complete the loop. I’ve got a ten inch main off of Linder Road, that I want to loop all the way out. So that would be a mainline, not just a service line. The only other thing that I was thinking of as far as preliminary engineering on getting sewer service to the school site, can you do that with a service line Keith, or can you—or do you run out of grade? Does it need to be a main line? Jacobs: I’m not sure whether that needs to be a mainline, the school is in the process of designing that particular property for an elementary school. I don’t know what their design is. If we can extend just a six and serve the property, that would be what our intent would be, however, I would coordinate that with them to provide whatever they need, obviously. That’s the only way they can get service without a lift station and that’s not a desirable option, so we would make that and present that information to public works at that time. I’m sure the school would not have a problem with looping that water through their property. I can’t speak MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 81 for them on that behalf, but I would think that would be reasonable thing at least for fire protection if nothing else to have a back fed Linder, on the south side. Freckleton: Thank you. MacCoy: Any of the commissioners have any comments to make at this time? Officially I will close the public hearing. Commissioners what is your desires? De Weerd: I would move that we instruct the… (Inaudible) Borup: Mr. Chairman, I move we approve the preliminary plat. Nelson: Second. MacCoy: Any comments? All in favor? MOTION CARRIED: All ayes. ITEM NO.12: CONTINUED PUBLIC HEARING REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON – 46 E. PINE: MacCoy: Would the applicant please come forward. JOSEPH A. JOHNSON, 4375 ROSEHILL COURT, BOISE, ID. WAS SWORN BY THE ATTORNEY. MacCoy: Good morning to you, do you want to tell us anything at this point, or do you want to wait for questions? Johnson: I’m overcome, I’ll wait for questions. MacCoy: Commissioners, do you have any questions for Mr. Johnson? De Weerd: I just thought we were waiting to see an alternative plan for the parking, in case ACHD didn’t reconsider his request. Johnson: Across the back, we have an 80 foot lot. We allotted for the parking— for the planter five feet on the west side and I think it’s four—is that correct, four feet (Inaudible). Is it four or five feet? Four feet, that parking area is 32 feet deep off of the alley and it is 32 feet wide. There is 5.9 feet on the east side of the garage. Now, in my application, it showed work storage that is a functioning two car garage and consequently with the area we have at present and with a two car garage, we meet six. We are not looking at heavy duty parking, we’re MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 82 talking about a bridal boutique and upstairs residents. The upstairs residents will use the garage and it is the same people that have the downstairs. Any other questions? MacCoy: Did you receive anything from ACHD on this? Where do we stand with that piece? Johnson: I received eight items specified, but approved through ACHD. I have submitted a counter to ACHD’s request and talked to Mr. Sale tonight. I have not had any response. I have a hearing on the 23rd , their request for me to pave 200 feet of the alley, just to get to the (Inaudible) parking area and to redo the curb and the curb is already asphalt. I feel as it’s not really responsible because I think it’ll cause puddling and eventual in the winter time ice that would be in the front parking. I’m still hoping to get the front curb cut, I am flexible on (Inaudible) a 19 or a 12, I can’t speak on your behalf, I have submitted it. I understand that there is a letter that was to be sent to ACHD in recommendation of the curb cut. Having the—I think the handicap parking in front has a little more dignity to it then making them go to the alley to drive in. MacCoy: But you haven’t heard anything back from them? Mr. Sale didn’t tell you anything tonight? Johnson: My conversation with him was I would like to go ahead and get approval tonight and the commissioners, pardon me. The conversations is open with ACHD, we can be flexible, we can comply with adequate parking. Everything that you all have something to do with, I think we can comply with. The only variances that we have, are with ACHD. MacCoy: Shari, have you heard anything from ACHD, where do we stand with that? Stiles: As Mr. Johnson has said, he has filed an appeal on their former decision to not allow any curb cuts there. I think they are still investigating the history on what is happened there on Pine. I think there is a way if this portion of the existing garage is taken off the back and they use two existing spaces in the garage and pave this area back here. They will meet the minimum parking requirements. It may not be the most ideal, but that’s kind of where we stand. We don’t know if he is going to get any access off Pine right now. MacCoy: We don’t know of any date or deadline on this thing? Stiles: Once an appeal is filed, it kind of sets everything back and then they have to go to the commission. I think this was a staff level approval at first. Johnson: Yes, it was a staff level and the official meeting is on the 23rd . I would like at this point in time try and save that portion of the garage which is separate MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 83 and added on to, but we need for work area. We have enough room in the back, that we could possibly even redesign them… (END OF TAPE) Johnson: ..by redesign some way even leaving that there still meet the parking requirements. I believe because that’s 80 feet. You take off on the original plat five foot on one side and five foot (inaudible). You take out 27 feet for the garage and that little building, there’s a remainder of I believe it’s about 46 feet that is in fact in road mix at this point in time. Stiles: The parking calculations are based only on the house and the apartment and from the plan that’s submitted, these are the minimum width requirements for parking stalls. Johnson: The originals were 8 feet I believe. Stiles: There’d be 9 x 19. You show four on your plan which are at the 9 foot. If you’re using part of the garage for work area, that has not been calculated in the number of parking stalls you would need. Right now you need seven parking stalls just for the house portion. Johnson: Could I have my tenant address you people with his concerns? RON RUEPPEL, 3549 N. COLE ROAD BOISE WAS SWORN BY THE CITY ATTORNEY. Rueppel: Commissioners what we’re planning on doing for the time being is my wife and I are going to be living upstairs, and we would start a bridal shop in the bottom. I won’t be selling any dresses, but I did tell her that I would get everything ready for her. Shari we would use the garage to park our two vehicles. There is more room rather than taking off that section because she said she could use that, and simply be dying shoes which I know nothing about, but I would rather take out one tree that is there closer to the house and go forward toward the house more and I can probably take around 12 to 14 feet and bring it up towards the house in the back. That is if ACHD doesn’t go through, but after talking to some people there (inaudible) but they are going to have to do something to allow access because all those buildings up on Pine are most likely going to go eventually commercial. And there is no access off Pine except for a legal curb cut into a parking lot by the church which was done a few years ago, so we’re trying to do this right and we’re working with Larry and I think we can get something done. Right now I think I could get more parking if necessary if I just moved it towards the house. Stiles: I guess I don’t see how that would work. Unless you are going to park in tandem. Rueppel: I would have to look at it on the computer, but I’d probably do 45. I’d have to see how I could get – you want a total of how many Shari? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 84 Stiles: Not counting any use of the garage except for strictly garage, now if you’re talking about using it for business, that’s additional parking space you are going to need to provide for that. Rueppel: Just the small 7 foot section would be used as like an office. I might put my office, or she might dye shoes, but the two garages would be used for (inaudible). Stiles: So you are talking about this a little addition that’s there. Rueppel: The small addition. Stiles: That doesn’t meet uniform building code for occupancy for any kind of a business or – Rueppel: To dye shoes out there in the back so you’re not doing it inside the house? Stiles: I believe you would need to get permission from the building inspector to use that for anything but a garage. Rueppel: Okay. Stiles: You’d be better off not telling me that. Rueppel: I can work with (inaudible) on that to get that done. But I don’t want to tear it out at this point. I would like to see if I could use that. Stiles: I guess I’d rather see you get by with this existing plan. Than to take out any of those trees. I mean you’ve got some nice trees back there. Rueppel: Well there’s one small tree that is being dwarfed by two larger ones anyway. It is a plum tree, which I don’t want to take it out, but there’s two huge trees that are just dwarfing it anyway. And you can take a look at it if you want. Any questions? Borup: This plan for the 1,000 square feet on the lower level, is that close? You say your wife will be running. Is she going to have employees. Rueppel: Probably not to start out with for a while. Borup: I guess what I was getting to was how many customers do you anticipate having in it at any one time? Rueppel: I don’t know. It’s not a huge shop. It’s not a 2-3,000 square foot shop. I wouldn’t imagine more than two three customers at a time. A lot of them are by appointment. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 85 Borup: And that’s what I was wondering. That maybe kind of relating to what Shari was saying, I realize the ordinance say parking spaces based on the square foot of the building. Maybe that’s somewhat a prerogative we have on a conditional use. Can we take a consideration a little bit the use of the business and by that use what kind of customer traffic it would expect and I would see a lot less customer traffic on this then if it was a coffee shop or any number of things. Rueppel: And I have done some research as far as how many weddings in Ada County and how we might expect to pick up reasonably and I can get that to you and you can divide it up. I can see fifteen customers a day. Stiles: You hope. Rueppel: I hope, yeah that would be nice. Borup: And I brought that up just as and I don’t know how pertinent that is, but that was my thought this does not seem like a high traffic type of business that’s going to have a lot of cars that need to park there. MacCoy: Good point. Okay, no questions for him? How about Mr. Johnson, any questions for him? Okay you two can sit down. Is there anybody else in the room that wants to make comments. Don’t laugh at that. (Inaudible) MacCoy: If not we’ll close the public hearing and Commissioners what do you want to do? Borup: Does the attorney feel comfortable preparing – (inaudible). We’re still kind of at this point we can proceed on assuming that ACHD may make an adjustment or go with the plans as they are which were under a little bit under on the parking; is that correct? Is that what we’re basically looking at right now? Stiles: Commissioners what he’s proposed would actually exceed what he would be required to have with the handicapped access and there’s still room for a couple of parking spaces out front. I would feel comfortable if he would pave that alleyway and those parking areas out back. I don’t know that the findings could be worded such that there would be a curb cut off Pine if approved by Ada County Highway District to allow a minimum of one parking space for handicapped accessibility. Borup: I’ll bet you we have an attorney that can include that. Stiles: If they don’t get the access off Pine with the design here they will not have a handicapped accessible parking spot. But Jay will carry them in personally if they need assistance. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 86 Borup: I’m ready for a motion. MacCoy: Well make one. Borup: I move that we request the city attorney to prepare Findings of Fact and Conclusions of Law on this application. Nelson: Second. De Weerd: With any conditions based on the approval of this or – Borup: The conditions are in the testimony. No, well – De Weerd: Can you do that? Borup: And again I think I stated this before. I have a little different attitude on some projects like this rather than – De Weered: What we just had. Borup: Yeah. (Inaudible) Borup: Would you like some conditions? Rossman: Well that was a legitimate question as whether you’re moving for approval or approval with conditions. De Weerd: That was my question. Don’t look at me. Borup: Well is there some conditions that you would like to see. De Weerd: Well I thought you made the condition before you made the motion. Borup: I didn’t make any conditions. De Weerd: Based on ACH’s reconsideration or would you accept that – Borup: On something like this I’ve got the confidence that staff can handle it. MacCoy: Well Mr. Johnson said he could take it the way it was without having to go through we as a commission thought that it was unfair that he was saddled with this in the first place by ACHD. It was just a blanket situation so we have asked in his behalf and our city to re-review their request, but he’s already stated again tonight that even MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 87 without that, he still could go ahead with it so he’s not requesting everything should be hinged on what they come up with. Am I correct? Johnson: That is correct. This is a small business and the more expenses we have in there the harder it is to survive and that’s a concern. Borup: And again this is a conditional use if the business changes or something else happens then they are back here again. And it may different. Nelson: I’m for proceeding as it is. We’ve already discussed the four parking stalls in the back plus two in the garage. He’s got additional parking on the front road if there’s no curb cuts. De Weerd: I don’t think the parking was in the garage. It’s along side the garage. Is that right? (Inaudible) De Weerd: In the garage? Borup: Part of the parking is for the residents and parts for the business so there’s – Rueppel: There’s six overall in the back. Borup: We got four for the business plus three on the street if neighbors aren’t taking up those spots. Nelson: I do believe you do have two internal to the garage. We’re counting that. De Weerd: Okay. Nelson: So I’m comfortable with the second as discussed. Borup: Without any additional conditions? Nelson: No. MacCoy: All in favor? MOTION CARRIED: All ayes. De Weerd: I can’t wait to see the Findings. (Inaudible) MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 88 ITEM 13: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR AND SERVICE BY JOHN BISS – ON MERIDIAN ROAD JUST NORTH OF MERIDIAN RENTAL. MacCoy: This business has been told to me by ACHD that they did not have the material forms yet. It is one of their concerns and it will not be available until our October 13th meeting. So I need a motion to change this. This is an open public hearing and there seems to be nobody in the house to say anything. Borup: Mr. Chairman, I move we continue this public hearing on item number 13 to our October 13th meeting. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. Borup: Mr. Chairman you said ACHD just did not prepare their report on this or they weren’t prepared to do anything on the street? MacCoy: No, they said they were very concerned about this piece and have it in committee and they said we came tonight to tell me to take it off the list because there will be no ACHD report until the technical get the thing done. Borup: I guess that surprises me with widening Meridian Road and you think and all that’s already commercial along there, they should have planned for the whole thing going commercial. MacCoy: He didn’t tell me what the problem was. I’m waiting for one more motion. De Weerd: Mr. Chairman, I would move to adjourn. Nelson: Second. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 12:30 A.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED: ____________________________ MALCOLM MACCOY, CHAIRMAN MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 89 ATTEST: _______________________________ WILLIAM G. BERG, JR., CITY CLERK