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1998 09-24MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 The special meeting of the Meridian Planning and Zoning Commission was called to order by Keith Borup at 6:30 P.M. MEMBERS PRESENT: Keith Borup, Tammy De Weerd, Byron Smith. OTHERS: Shari Stiles, Bruce Freckleton, Eric Rossman, Angel Sims, Will Berg. Borup: Our Planning and Zoning Chairman is out of town this evening. He’s asked me to fill in for him on this one occasion. I might mention for the record we have this evening in attendance Keith Borup, Tammy De Weerd, Byron Smith. Mark Nelson and Malcolm MacCoy are both absent. ITEM NO. 1: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY, INC. – SOUTHEAST CORNER OF EAGLE & FAIRVIEW: Borup: I believe the motion from the last meeting was that we would have a special meeting this night to discuss two items, the buffering between the commercial development and the existing subdivision and also the ACHD report. The ACHD representative is not here yet. He does have some time constraints this evening so we may interrupt and give him an opportunity to present his findings when he comes. We’ll see how that proceeds. Smith: Commissioner Borup, just before you get started, I would just like to apologize to you and Commissioner De Weerd for missing the last meeting, I had the dates mixed up, it’s my screw up, I’m sorry. Borup: Did you miss that? Smith: Yes I did. Borup: We didn’t even miss you. Not really, we did notice that. De Weerd: It went very smoothly by the way, Smith: I’ll read the minutes. Borup: Okay, Mr. Durkin, I assume you would like to be first on the agenda. Durkin: I would. Borup: Mr. Sale just walked in, so go ahead and proceed. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 2 Durkin: I’m assuming I’m to be sworn. LARRY DURKIN, WAS SWORN IN BY THE ATTORNEY. Durkin: Mr. Chairman, I will try to be brief tonight. I do think it’s important that we cover some ground that we’ve covered in the past. This is our fourth public hearing at the City of Meridian and each time, it’s been—we’ve gathered new information, new concerns. I’ve taken the time and tried to address those. I think what we have today, we’re in a situation where I think it’s important that we cover some of the same old ground as far as the development is concerned, what our plans are and identify some of the changes. So with your permission, I may be—this may sound familiar to you, I will be brief. In addition, I have asked a certain group of people to be here tonight that are experts in their field. Some of them have brief with a capital B presentations to make on their area of expertise. All of them are available for your questions. I would ask that—I find it difficult to respond to you when the meetings are—when there is repetition or when people keep coming back and forth and back and forth with different things. I would like to make a request tonight that the meeting kind of follow, that we have normal rules for the commission as far as people making a presentation. It’s difficult for me to stand up and respond and answer the questions adequately the way the last couple have gone. Although I’ve gathered terrific information. We have tonight Patrick Dobie from Dobie Engineering. Pat is a traffic expert, has been doing this his entire career. He’s been involved in government level planning for traffic and does traffic studies for both government and private industry. Pat has a traffic study in your packets and the one that we’ve talked about was prepared by Pat. Pat mentioned something to me last night that I found interesting and I’ve been around traffic studies for years myself, but I’ve never heard it described this way. His job is to predict the level of service during a 15 minute time period, 17 or 18 years from now. So it’s a tricky business and there is some guess work to it, but it is a science. It is a stamped certified report similar to a home appraisal or anything like that. In addition, Pat will make a brief presentation by the way. I have David Koga, David is a principal in the land group, which is the landscape architectural firm that’s done all of the work for us on this project. David is not planning on making a presentation, but if there are questions from the commission relating to landscaping, he is available to answer those or available to answer any questions that the public may have. During the last meeting, we talked at length about noise, after the last meeting I made an effort to contact the company in the Boise phone book that does noise abatement studies. I was unable to make contact with them. We did retain the services of DSA Engineers, which is an engineering firm in the Portland area, they’re actually in Beaverton. This is their specialty, doing noise abatement and noise studies. I’ve given Angel Sims a copy of the report that he completed and was faxed into us last night. I’m going to take a minute to go over the summary and findings of that report and also the recommendations tonight. In addition, Mr. Standlee, Kerrie Standlee is available to make a brief presentation and MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 3 answer any questions you may have regarding noise. We will be telling you some things tonight, some plans that—recommendations that he has made we are planning to modify the plan. Today I had a meeting with a couple of the neighbors that are involved in the neighborhood association. Went over in detail with them, the areas that we are planning to do as far as noise abatement. I’ve provided them with a copy of this study. Last night as you know, we had our ACHD hearing we received approval from ACHD subject to the long list of requirements that may be a record, I’m not sure if it is. I believe Mr. Sale is here tonight and he’ll be talking to you about the ACHD matters. So with your permission, I’m going to proceed and go over the project. I’m going to point out some modifications and some things that we’ve changed. For the record, I’m the president of Dakota Company Inc. I’m here tonight on behalf of DBR Family Centers Inc. I want to assure you that every effort has been made to meet or exceed the city ordinances and the city staff recommendations. I will go briefly through the latest staff report that I have from the city tonight and tell you what we are in agreement with, tell you what we are not in agreement with and address the modifications that we’ve made. We have exceeded the landscape areas required by the ordinance and recommended by staff. What I mean by that is we have exceeded it from a percentage standpoint. There is still some discussion about the internal landscape areas in the parking lot. There has been a discussion between us and the staff. I look for your recommendation tonight. We’ve exceeded the setback requirements required by the city. We’ve increased as you know, the landscape buffer areas from our original application. There may have been some confusion on this the last meeting, but we have submitted to the city two plans. This is the plan of record, the one that’s on the tripod tonight and that reflects a number of changes from the first plan. I think you all have had time to familiarize yourself with the new and improved plan. Again, the fire department report we are in full agreement with, Central District Health report we are in full agreement with. Storm water management report, the recommendations, we are in agreement with. Police department, we are in agreement with. We are in agreement with the general comment section of the staff report, items 1-10. On the site specific—I think I’ll save this, (Inaudible). Jump a little bit out of order here, but I’m going to come back to these comments and I want to talk to you about a significant concern that was raised to all of you, I know you haven’t had an opportunity to read this, but do you all have this in front of you right now for the records? I have provided a number of them for the audience. I didn’t realize Tom brought as many. I do have some more, that I would like to just turn around and hand to a couple each side and they can pass around and look. I want to call your attention to page one, I’m only going to address eight matters on the first page and about two matters far into the report. I want to say, first of all, as you look at this report that we are in agreement with the recommendations that the company has made and would like it to be part of the record tonight, so that everything you are looking at we are in agreement with. I understand that there will be further discussion and modifications by you. As we go into this, we are in full agreement to meet all of these conditions. They MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 4 include on page one the summary and findings that as you know, we have agreed to sign the area requiring engines of all trucks to be turned off. Once the trucks are at the truck docks. The trucks shall not be allowed to park in the driveway between these store and the Crossroads development, with their engine running for more than five minutes. You may get a situation in the morning particularly over at the grocery store area, where that would happen with the small truck, when I’m talking about trucks tonight, I’m really talking about the large semi’s and the refrigerated trucks. Number three trucks with refrigeration unit mounted on the trailer should not be allowed to park between the stores and the Crossroads development for any amount of time, if the refrigeration unit on the trailer is operating. Number four, the refrigeration unit on the refrigerated trailers parked at the truck dock of the building, that’s a fairly long paragraph, but we talk about in that paragraph as you can read it, a barrier. Actually, that is in our plans. I’m going to walk over to the other microphone. The analysis for sound, there were three points taken, this is a new study this is “A” “B” and “C”. On the plan that we’ve submitted, this outside line along the— what I would call the east area of the grocery store is a masonry wall, our plan was to make it the height of the grocery store building. The semi refrigerated trucks are 13’ 6” high and the sound engineer for the lack of a better term, has recommended 20’ we are in agreement with that. In addition over here, this is the loading dock area for the membership warehouse club. This is a masonry wall coming out here—the same type and I have some photos that I will pass out in a moment so you can see what we are talking about. There is no wall planned or intended in any of the other loading docks. The report doesn’t recommend it with the other measures that we are taking. I’ll pass those photos out in a moment. The numbers he is referring to here 1-B that is specifically the grocery store. Item number five, we are in agreement with. Item number six, the delivery doors of all stores should be closed after the delivery is made, we are in agreement with that, we will sign that and make it a requirement. Item number seven, all compactors located within 70 feet of the residential property line should be surrounded on all sides except the truck pickup area of course with a solid wall that extends at least three feet above the height of the compactor. A couple of the buildings will have outside compactors, but they are loaded internally and they are quite quiet. We do have some photos tonight of a solid wall that we will be doing on all of the compactors. We will happily make that a condition of approval. Number eight, the garbage service should be scheduled between 7 A.M. and 4:30 P.M. we are in full agreement with that, but I want to remind you and I’d like to remind you and I’d like to remind the audience tonight that the garbage is in the control of the City of Meridian. We made every effort when we developed the Fred Meyer project to arrange for private pickup because the hours were more convenient. They are not allowed to pick up garbage in the City of Meridian, I’m not sure that you are aware of that. BFI is not allowed to come out here. So the City of Meridian is the trash pick up, it’s the only trash pickup source. So we are in full agreement and actually our hope was to make that 7 A.M. to 3:30 P.M. versus 4:30 and if the city—the city is in MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 5 complete control of pickup and I have no other method of getting the trash picked up. Those are the summary of findings and I would like to now jump to page 11. Seven point four, I just found that section to be interesting, I think there was speculation on the record and a number of other meetings that this center may actually result in a quieter subdivision. That was speculation based on experience and based on street observation. The firm has made the observation that the shopping center is actually going to block noise from Eagle and Fairview. The data is in here, the decibels—you can see that it will be quieter. The three points on the back of the report, there is a site plan where he specifically identifies the three points of his model and you can see those are the areas where the shop—where the residential area will actually be quieter as a result of this construction, not noisier. The engineer does not feel the need to put a block wall or a masonry wall on top of or around the berm because of the recommendation that the wall specifically for the refrigerated units which are noisier, be closer to the sound source and that’s in the third paragraph under 7.4. On page 12, mitigation measures is really a, I’m not going to go through them again, because they are really a repeat of what I went through on page one. That covers again one through eight and those are measures that we are in full agreement with. We will accept and we would make—fully agree to make those a part of our conditions of approval. I’m not going to go back to the site specific comments relating to the staff report prepared by…I think I’m required to go through these one by one. So that’s my intention. I will skip and be brief. Borup: I think you could handle them all by saying that we are in agreement to them all. Durkin: Well, actually we are not, the reason that would be dangerous, Mr. Chairman, is that there has been modifications to our plan. Borup: I understand. Durkin: I think it’s important to zip through them quickly. Number one, our use is listed as an allowed use. Number two, we do understand that it’s part of the conditional use, the city may impose additional conditions. Three, four and five, we have no objection. Number six, we have modified our plan to exceed the percentage of landscaping required by the city. You may recall my feelings on trees in the parking lot, we talked about that a lot. However, if you make them a requirement, we will install them. Number seven, our plan has been modified to exceed the ordinance. Again, number eight, our concern is the viability of the plantings in the parking lot. Our landscape plan far exceeds any other commercial project in the city. I admit that there is a large parking area, but for the project, I think that’s a responsible amount of parking for what we are proposing here. Number nine is okay with us. Number ten, while the engineering encourages a wider landscaper on Fairview Avenue and Eagle Road, we are showing 20 feet on our property. There is additional landscaping in MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 6 the right-of-way area. There is no ordinance requiring more than 20 feet and with the other planting areas that we are doing in the project and with the wide and expanded and higher buffer zones, we hope you can approve the berms as we have proposed them. Number eleven, we’ve provided the location of the proposed signs for the shopping center. While we did not intend to build all of them, we do intend to submit signed data at the appropriate time. We have submitted to you as a record the design of a generic sign. Number twelve, I believe the revised plan addresses staff comments. Number thirteen, we have provided the utility and lighting plans to the city and will gladly work with the staff to meet all the codes required. Number fourteen, we do not intend to subdivide the property. The reference to partial is only for planning purposes. Number fifteen, I can’t remember what that is, it’s either okay or I have no comment. Number sixteen, we are hoping to gain approval for our project tonight. We agree to come back on a building by building bases for any drive thru approvals that may be necessary. The details provided for the Shopko store will generally follow throughout the rest of the development, we hope the staff will be given the okay to work with us on each building by building application. Seventeen, eighteen, nineteen are okay. Number twenty has been fixed. Twenty-one, we will show this on our building permit. Twenty-two, we will provide this to the city at the time the building permit application. Twenty-three is okay. Twenty-four, we feel that the addition of signs relating to parking and noise will cover the concern of the staff. I will say that the normal hours of operation relating to the back loading dock areas are 7AM to 3:30PM and there are cases of later deliveries depending on the needs of the tenants. Twenty-five, Twenty-six, and Twenty-seven, we are okay with. Twenty-eight, last night we did receive approval from ACHD for our application. I know that Mr. Sale will address you regarding the approval and I may want to talk about it more during the rebuttal. Again, I’ve asked Patrick Dobie to attend the meeting tonight and he will talk about the traffic study. That’s my full presentation. I want to basically, I will be open for questions and turn it back over to Pat Dobie, or Larry Sales if you prefer next. Borup: Commissioners, any questions of Mr. Durkin at this time? De Weerd: Not at this point. Borup: I don’t know we have any of Mr. Dobie or anyone else at this time. So may need them to call if there are. Mr. Sale would you like to give a presentation (Inaudible). LARRY SALE, WAS SWORN IN BY ATTORNEY. Sale: Mr. Chairman, members of the commission, first of all I want to express the appreciation of the highway district staff and commissioners for your patience in tabling this application a couple of times, so that we could complete a fairly MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 7 arduous examination of it in your behalf and our behalf. In that review, I want to assure the city that the highway district likewise involved experts in the review of the traffic aspects of the project. The two technical staff members that assisted me in the review of the application have six academic degrees between them and several dozen years of experience in the field. To assure ourselves and you that we were accurate in all detail the highway district also retained a separate traffic consultant to review our findings and the traffic study prepared by the applicant. You know the basic facts of the application very well by now. We’re talking about an 848,000 sq. ft. regional shopping center that will generate hopefully about 27,000 trips a day. The effect of those—I will describe the effect of those traffic on the transportation infrastructure. I provided you with copies of the action by the Ada County Highway District Commissioners taken last night, actually taken this morning. I’ll summarize, I’ll go through and summarize what I think are the most important points of that action. The project before you is expected to generate about—I’m sorry is expected to attract about 27,000 trips a day, approximately 20,000 of those will be new trips attracted to the site. The other 7,000 will be trips that are already on the system and will be passing the site and would’ve been there in any event. This equates to somewhere around 2,000 trips during the peak hour of the transportation system. Those are the trips that are our concern and result in some rather as I’m sure Mr. Durkin will agree some rather ominous requirements for improvements to the transportation system. Out of the combined traffic study provided by the developers and staff review and independent review by a second engineering firm, we have identified nine major improvements to the transportation system that are required to accommodate the traffic generated by the project. I’ll try to go through those briefly. They are to construct dual left turn lanes and free right turn lanes on all four approaches of the Eagle/Fairview intersection and modify the signal transfiguration to accommodate the additional lanes. For those in the audience, there are some extra copies of the staff report on the table over there in front of Ms. Stiles and I’m reading from page six from that report. Second requirements are the constructed traffic signal at the Fairview Avenue/Record Drive intersection. Locate the signals to accommodate future left turn lanes—dual left turns on Fairview Avenue. Construct dual northbound lanes on Records Drive at the Fairview Avenue intersection. Construct a traffic signal at the new Eagle Road/Pine Avenue intersection. Construct dual southbound left turn lanes on Eagle Road at the Pine Avenue intersection. Construct dual westbound left turn lanes on Pine Avenue at the Eagle Road intersection. Thank you Mr. Durkin. Construct Pine Avenue from Eagle Road east of the eastern property line of the project, two lanes are needed from the western driveway to the eastern property line and four lanes are needed from the western driveway to Eagle Road. Construct deceleration lanes on all intersections on Eagle Road abutting the side. Finally construct curb gutter, sidewalk and an eastbound lane to Fairview from a point 500 feet west of Eagle Road, to the eastern boundary of the side. Not all of these improvements are required at the onset of the project. We have identified thresholds at which the improvements would be required to MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 8 accommodate the traffic. We’ve related those to square footage or location of the improvements. Those are shown on a table on page seven of the report. The left turn lanes, the right turn lanes of the Eagle and Fairview were needed after 450,000 gross sq. ft. of buildings are constructed. The signal at Records and Fairview is needed at the start of development north of Florence street. That’s the street that intersects Eagle Road from the west and midway on the western side of the project. The dual left turn lanes at Fairview/Records, on Records are needed at the start of development north of Florence Street. The developers also require to dedicate six feet of right-of-way within 500 feet of the Records intersection for the future addition of dual left turn lanes on Fairview by the highway district or others as development continues in this area. The signal at Eagle and Pine intersection is needed at the start of development south of Presidential Drive. Dual left turn lanes on Eagle at Eagle/Pine at the start of development south of Presidential Drive. Dual left turn lanes on Pine at Eagle are needed at the start of the development south of Presidential Drive. The construction of Pine Avenue east of Eagle Road is needed at the start of development south of Presidential Drive. Mr. Durkin indicated last night, for their convenience and convenient access to the site, that they would be constructing a connection from the site out to Pine Avenue as a part of the earlier stages of the project so they may exceed the schedule a bit. Construct a deceleration lane at the Eagle Road accesses at the start of the development and construct a third eastbound lane on Fairview Avenue, west and east of Eagle after 450,000 sq. ft. of (Inaudible) are begun. The commission I think is at least slightly familiar with the highway districts road impact fee program. These roads that serve this project are classified roadways as such are eligible for the use of impact fees from this project and for that matter other projects in the area to construct improvements to those—to Fairview Avenue. Because some of these improvements would have been required by natural growth in the Meridian area, the district has committed to offset the cost of some of these improvements against the impact fees that would be paid by this project. Those are summarized at the top of page eight. The dual left turn lanes on Fairview Avenue lanes of the Eagle/Fairview intersection will be offset against the impact fees. The curb gutter and the east bound lane from—on Fairview Avenue to the Eagle Road intersection will be offset against the impact fees. All of the right-of- way that will be acquired will be purchased and paid for from impact fee revenue either from this project or other projects in the Meridian area. That leaves and I’ve forgotten my alphabet, but it’s about sixteen on the bottom of page eight and on the top of page nine are listed down to the letter “O” specific improvements that the developer would be required to make at their expense. Page ten, the report discusses the concern of the district with the ability of the onsite circulation system to accommodate the onsite traffic. Our concern about that traffic is exemplified by the fact that the only real traffic conveyer on the site is a roadway that travels directly in front of the store fronts. We have concerns over traffic or vehicles that are parked in the north west quadrant of the project having to gain access to the arterial system at one of the signalize intersections having to travel MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 9 nearly a half a mile, either an eastbound direction or southbound direction to get to a signalize intersection. If you will recall, as you read the report at some times of day in the future, the private driveway serving the project will probably become useless for left turns out of the site because of heavy traffic on Eagle Road and Fairview Avenue. So that much of the shoppers using the site will be forced to route their vehicles to one of the signalize intersections at Pine Avenue or Records Drive. This matter was discussed at length last night and this morning by the commission. The commission along with some cooperative discussion by the developer I think arrived at a solution that we hope will work. If I can (Inaudible) If you recall our concern was about vehicles in the center part of the project having to get to either Records Drive or Pine Avenue for access to the arterial system without having to make this trip along the store front. I believe the applicant agreed to this last night, but at any rate, the highway district commissioners made this a condition of approval and are recommending it to you for inclusion on your requirements as well. That would be the access aisle that is currently shown around the perimeter of the project be moved back away from Fairview Avenue and Eagle Road to a location—we are not too particular about the location—but generally a location along the rear of the pads that front Fairview and Eagle to create a fairly continuous vehicular ways for a vehicle to drive from Records Drive to Pine Avenue without having to pass the store fronts. This wouldn’t be entirely unimpeded. We would expect that it would stop at this driveway serving the side there would be stop signs on the access aisle at the major driveways and residential. (Inaudible) On the other hand, we want this to be sufficiently open that we are asking that there be stops, needs to be painted stops, but stops for the opposing access aisles as they intersect that vehicular way. I think finally the most important, the most expensive part of this project from the districts point of view is in 1997 the district completed an access corridor—corridor access protection plan for the Eagle Road corridor and identified the need for urban interchanges to be located at Franklin Road, Fairview Avenue, Ustick Road and Chinden Boulevard. These are something we haven’t seen locally, if you’ve traveled, in the (Inaudible) there are some in Las Vegas, but they are—they amount to a very tight interchange of two major arterial and this case, Eagle would overpass Fairview Avenue, Fairview Avenue would cross beneath the overpass and beneath that same overpass would be a fairly complex intersection that would allow left turns from Fairview Avenue onto ramps that would access Eagle Road. The upshot of this, is that it requires a triangle of right-of-way on each leg of Eagle Road, Fairview Avenue intersection so that we are requiring the dedication of this right-of-way to the highway district will be compensated, will be paid for at fair market value from impact fee revenue collected from the project. The developer—let me restart, the four urban interchanges are shown on the long range transportation plan as needed for construction beyond twenty years. However, the need to preserve the right-of- way for those interchanges is included in the less than twenty years time frame. The highway district is obligated to acquire the right-of-way or preserve the right- of-way. The developer has indicated a need for that right-of-way, certainly the MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 10 highway district has no need of it for several years, so the developer would be allowed to use the right-of-way that the highway district acquires for non- structural purposes, he could essentially put anything in there except a building or a substantial part of the infrastructure that serves the development. It could be used for parking, landscaping, any general ancillary use to the development short of buildings. In there action of—on the application, the commission made three special recommendations to Meridian City. The first note is that you recognize the need for a circumferential (sic) access circulation way of the sort that I’ve described. Then secondly, thirdly the district is recommending that the city encourage the applicant to participate in an alternative transportation program for the employees and that if there is—there are entities now that we are calling Transportation Management Association of Transportation Management Organizations and they are adopted for use by, not by governments, but by associations of businesses and employers. In an area such as this, where the employers would cooperatively establish a program and cooperate, can’t use the word cooperate too many times, but to sponsor alternative transportation plans for their employees and even the shoppers could be included. This facility in of itself is probably of sufficient size to have such a program. These are not requirements, they are recommendations for encouragement. There are five special recommendations (Inaudible) to the Idaho Transportation Department. Those are on the bottom of page eleven and page twelve. Then there are as Mr. Durkin indicated, I don’t think this is a record, I think Hidden Springs had the record, but we had thirty-six site specific recommendation of things that we will require to be accomplished at various stages of the development. If you would like, I could go through each of those thirty-six, but it will take a few minutes, I suspect you and the folks in the crowd have listened to me long enough. Do you have any questions of me that I might help you with? Borup: Commissioners, any questions? Smith: Mr. Sale, where do I start? I guess the first thing is the facts and findings on page two that—under item two effected streets, traffic count on Eagle Road in October of 1997 was 27,564 vehicles, I believe at an earlier meeting that you had stated that Eagle Road had been designed to carry a (Inaudible) capacity of 30,000 vehicles a day. Sale: Mr. Chairman, Commissioner Smith, Eagle Road is a five lane roadway and we have adopted a planning threshold for five lane roadways of 33,000 trips a day and we equate that to a level of service D which is the accepted level of service this is peak hour level of service for arterials in Ada County. The physical capacity of the roadway is more like 40,000-45,000 trips a day. That’s not a comfortable volume to carry on a five lane road. You can’t drive that situation 50 mph and feel a great deal of comfort. To give you something to compare that MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 11 with, obviously you can—the current volume is about 28,000-30,000 trips a day. Broadway Avenue on Capital Boulevard in Boise have at times carried 60,000 trips a day during the week days. I was going to look up what the interstate carries out here opposite Meridian, I forgot to do that before I left. So the system will be stretched, but it is going to be stretched anyway, really I can’t say whether or not this project is developed. Obviously this property is going to be developed for a significant traffic generator and accommodating the growth of the Meridian Boise area over the next twenty years, Eagle Road and Fairview Avenue are both going to be strained. We do plan the construction of two more lanes on Fairview Avenue in the long term future, so it will be a seven lane facility from Meridian to Milwaukee and Boise that will carry more than, that will carry the 40,000 trips a day at a more comfortable level. Smith: When you say long term what is twenty year plan, ten year? Fifty? Sale: Less than fifty, might be less than twenty, but part of it will depend on the rate of growth, if we continue to grow at the rate we are, it will be sooner. Funds available and the competition for funds. Funding will also determine when it might occur. Smith: I really don’t understand what the reasoning is behind a maximum of five lane roads, I’m sure there has been a lot of discussion, I don’t want to get off on a… One of the things that seems like to me that would alleviate a lot of the burden of traffic on Eagle Road as it sits now is these major streets at Mile intersections, Five Mile, Cloverdale, Eagle Road, Locust Grove, Meridian Road, Linder, the way developments happen, they’re carrying at the same capacity they were 30 years ago when I first moved to this community. What are the plans of the transportation department and highway district for increasing the capacity of those roadways and interchanges along the freeway in West Ada County. Sale: Mr. Chairman, Commissioner Smith, why don’t we schedule another meeting to discuss those, but I’ll go through. Smith: There plans for increase of capacity of those roads (Inaudible). Sale: Each of the north south roads from Black Cat to, well, all the way east to Boise, will eventually be five land roads. Locust grove I think is the first one in our program and that’s within the five year program to construct it from Fairview Avenue to Ustick as a four or five lane roadway. With regard to additional interchanges, there are additional interchanges shown on 84, one is at Ten Mile Road and one is at Five Mile Road. Those are shown on the long range transportation plan, but there is no funding anticipated for those, approval for those will take not only the approval of the Idaho Transportation Department, but the federal highway administration. That’s not meant to be too encouraging, or too discouraging, they are properly located so that they meet FAWA specks and MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 12 they will occur someday. It’s just that I don’t know whether I will drive on them or not. Smith: One of the things that concerns me is the Presidential Drive that kind of bisects in the middle of the project. We’ve got a—it looks like you are proposing a signal at Records Drive, but I would assume that a lot of residents in this neighborhood exit out on Eagle Road, turn left to access the freeway and drive to Boise to work. How—there is no way without cutting through this development for them to get access to Pine Drive. When you start talking about the periphery drive and not bringing all the traffic right in front of these stores, is there something different besides this access aisle around this back side of this site that should be done to link Presidential Drive and Pine to allow those people to get to the intersection? Sale: Mr. Chairman, Commissioner Smith, there is a stub street from the Crossroad Subdivision out the south boundary to the Pine Avenue alignment, so that the people in Crossroads, they don’t like to hear me say this, but I’ll say it real quietly. It’s my opinion particularly Mr. Harper the connection to Pine Avenue is probably going to be heavily use for the commute trip if they are indeed going East. It will ultimately connect with—you will be able to drive to downtown Boise on Pine Avenue. You won’t get off Pine Avenue. The street name will change from Pine to Executive to Emerald to Americana then you will be downtown Boise. You’ll go past the mall, it will be enlarged in that area to five lanes. It will become a major east west corridor in the future. With regard to Presidential Drive it is the nice entrance to the subdivision, that’s still the way the people are going to direct their guests to come and it’s still the way they will want to go home, if it’s convenient for them. We discussed this at length last evening and this morning. Our technical concern is how to keep the shopping center traffic out of the subdivision. We think the residents of the subdivision will always be able to access Eagle Road, via Presidential Drive during the afternoon peaks, there may be some difficulty in that, there may be some delays, particularly in accessing Eagle Road. There will be long delays if someone wanted to turn left onto Eagle Road or Presidential. People will train themselves to go to Pine to do that. People accessing Fairview Avenue to go north it should be always a fairly convenient move to get out through the shopping center to Eagle Road and turn north. The commission was concerned enough about the potential effect on the subdivision that they required traffic calming on the few hundred feet, I’m sorry it’s not a few hundred feet, say a hundred feet of Presidential Drive from the east boundary of the project to the Filmore intersection. Commission didn’t specify the types of calming but left that to the applicant and the staff and the neighborhood to work out. That is a requirement of the highway district (Inaudible) by the highway district of the developer. Smith: I believe you mentioned that Pine Avenue light is required to be constructed at the beginning of this project? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 13 Sale: The light won’t be required at the beginning of the project. I think the traffic signal is not required until the 450,000 sq. ft. is—no, well it’s, I’m sorry—It’s needed when the developments begin south of Presidential Drive. That’s part of the sharing with the highway district. The highway district will provide the materials for that signal at no cost and the developer will install them. As was brought out and the people are more familiar with this than I am. The Meridian School District has an elementary school site we understand half a mile east on Pine Avenue and we expect Pine Avenue to be constructed at least that distance in a fairly short term future. It’s identified for construction by the highway district in 2002. The developer says we required them to put the signal in, they want it. Smith: The last thing that I would ask you Mr. Sale, I think it would be naïve in thinking that in some point in time in the future, this site is not going to be serviced by buses, in your professional opinion, is there adequate drop off zones and pick-up zones for a bus type service on this site? Sale: Thanks for that question, I should’ve mentioned that. While we haven’t discussed it, buses and bus access points really don’t require much modification in a shopping center design. I’ve observed—my wife and I walk at the Boise Town Square Mall, we’re supposed to do it every morning, but I’ve been lazy lately and we haven’t done that, but I’ve observed the buses that come in there to pick-up, drop-off employees, I guess they just drop-off employees, they’re not picking anybody up at six o’clock in the morning. They just pull into the access aisle, now they go in of course the town square mall is a much different shape so that there is different sides of the building structure that they come to. They just pull up to one of the main entrances and park there for 20 seconds, the people get off, or on and then go on. So a bus really doesn’t need much special provision, it can be accommodated in the access aisles that they have. Smith: As existing, presently designed? Sale: Yes. Smith: That’s all I had. Borup: Commissioner De Weerd? De Weerd: I just wondered what the width of the access drive for the circulation is supposed to be? Sale: It would be sufficient for two lanes, it would probably be 28 feet. Pat, do you agree with that? We didn’t get into the details of that. De Weerd: Okay, you said Pine Street will be constructed in 2002? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 14 Sale: Let me be sure that I’m clear on this, it is programmed for construction in 2002, often times, our programs don’t come true as well as we would like. That’s the current program of the highway district for construction. I wouldn’t expect it to be any sooner than that, hopefully it wouldn’t slip more than a year. De Weerd: But they would need to construct Pine east of Eagle? Sale: They would construct Pine as a four lane road from Eagle back to the middle intersection and as a two lane road to the east boundary of the project. De Weerd: So then the residents would have access out onto Pine? Sale: We didn’t require them to construct it back to that street. We don’t think that it’s the responsibility of this developer to construct facilities off site that are not directly related to the impact of the project. It’s my opinion by the time there is any hindrance to the people in Crossroad Subdivision that Pine Avenue will be constructed by other folks, either developers to the south or the highway district. Borup: Mr. Sale, didn’t you also mention and Tammy that the school going in there is going to require and that access will be from Pine? So Pine is going to have to go through to access the school. Sale: Right, we anticipate that Pine Avenue will be extended a half a mile back there to serve the school site which I believe was the subject, one of the subjects of the bond election Tuesday. De Weerd: That’s to be constructed in 2000, by 2000? Sale: I think they are going to start those schools immediately. De Weerd: Open by 2000. Sale: 2000 right, well no, they typically take a year to construct an elementary building. If they could start it in the next few months, it wouldn’t be open. It’s feasible that it could be open for school September of next year. De Weerd: I have no further questions. Borup: I think the only question I had Mr. Sale was on the frontage road. I think there is plenty of precedent there, I noticed back in some previous applications both statements by the previous proposed developer and by ACHD under your signature I believe talked about requiring the (Inaudible) at that time. Concern I had was where it crosses Presidential, I don’t know if you addressed—your report says at least 100 a minimum of 100 feet from Eagle Road. Is that enough MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 15 distance to prevent blocking traffic from coming in, or looks like (Inaudible) removal of the divider, the road divider in that area, or is—I guess I’m asking your comment, is that the most practical place, or could it move a little, would it serve that better to move further to the east, or you feel it’s better not to? Sale: Mr. Chairman, I think we are fortunate in this regard that the developer shows a couple of fairly pad sites along side presidential avenue and this frontage road would be east of those bad sides which would places it about 175 or 180 feet east of Eagle Road, which is our standard setback for a collector for a driveway on a collector road. Borup: So that looks like it would be adequate then. I have no other questions. Mr. Sale, are you—you still have another appointment you need to get to? Sale: No, I can stay for awhile longer. De Weerd: Mr. Chairman, I had one other question. Regarding the right-of-way along Fairview and also on Eagle, is it a possibility that the developer can use 10feet of that to construct a sidewalk and have a setback with some sod and a meandering, slightly meandering sidewalk? Sale: Mr. Chairman, Commissioner De Weerd, I don’t want to say that there is ten feet available, the developer will be allowed to landscape in the right-of-way from the back of the sidewalk into the site. On Fairview, he will be adding that additional lane so that we are pretty sure where the sidewalk needs to be for the future. (Inaudible). De Weerd: Are you asking him to also have something on the side, between the sidewalk and the roadside? Sale: No, that will be ugly old rocks, unless he wants to put some grass in there too, which we would allow. De Weerd: You would want a sidewalk right up against a busy road side like that? Sale: No, that’s my point, I’m sorry I wasn’t clear. The sidewalk will be detached from the roadway. Smith: About how far? Sale: A minimum of about eight to ten feet to allow for space for disabled vehicles, or vehicles to run off the roadway and try and correct themselves without, before they strike the sidewalk. So that anything to the development MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 16 side of the sidewalk can be landscaped. Whether that, I can’t tell you that today that that will be ten feet. De Weerd: Okay. Sale: It will probably be less than that. Whatever right-of-way, I’ll try this, whatever right-of-way is left over toward the project from the sidewalk can be used for landscaping. We will issue a license agreement to allow landscaping in that area. That could include the beginning of a berm or flat land, whatever works into the landscape plan of the project. De Weerd: Thank you. Sale: Anything else? Borup: Not at this time, thank you. Do any of the commissioners have any questions before we open up the public testimony? Mr. Durkin, is there any consultants that you feel would be pertinent at this time, or would rather wait first and answer some questions? Durkin: Actually I think it would be a good idea for Pat Dobie the traffic engineer to make a few comments and I think that, I wasn’t clear with the question or answer relating to that sidewalk on Eagle, but we are constructing a sidewalk on Eagle. It’s not right up against the roadway, it’s a significant distance off the roadway when we build the shopping center. De Weerd: Then you still have 20 feet of landscaping? Durkin: Everything on that plan that you see right now is on our property. There is no, we are not showing any improvements on the right-of-way. So the right-of- way is off of that plan. De Weerd: Included your sidewalk is also not included in the right-of-way on this plan? Durkin: That’s right, there is a sidewalk and then there is gravel area, the ACHD area. De Weerd: You are not including the 20 feet in that sidewalk area. So really there is 25 feet there? Well, 20 including the sidewalk, so there is really a sidewalk and 15 feet? Durkin: So could I just ask Pat to make a few brief comments and then I would also like the sound person to make a brief presentation. Is that alright? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 17 Borup: We do have the sound report. PAT DOBIE, WAS SWORN IN BY THE ATTORNEY. Dobie: Mr. Chairman, I think I can add to what Mr. Sale had testified about, just a couple of additional items. First thing is, I would like to pass this thing around. This is just a print of an overhead that was shown at the ACHD commission meeting last night and what it illustrates is what the configuration of the parking lot would look like once you take that frontage road and move it out from the perimeter of the site and bring it back in. It illustrates how the parking layout would change and generally what the new site plan might look like. In locating that frontage road and making that change in the internal circulation, there is a couple of objectives that we are trying to achieve. What we would like to do is minimize the number pedestrians that have to cross that road. It is—if we move it out from the perimeter it is going to be carrying more traffic. The fewer people that have to cross it, and the fewer number of parking spaces that are located on the other side, the far side of that road… Borup: Excuse me Pat, our speakers are a little insensitive right now, if you could get a little bit closer or speak up a bit that would help. Dobie: There are actually three roads that have been incorporated into the site plan, there is a service road that goes back behind the buildings for service vehicles and for employee access. There is a major collector road that circles the site in front of the buildings. There is this frontage road sort of this minor collector on the outside. Between the three of those roads, there is ample capacity to accommodate the site generated traffic and all the movements within the site, it’s merely a question of tinkering with it and adjusting the location of that to try and address some of ACHD’s concerns and I think we discussed it pretty thoroughly last night and I just wanted to give you that illustration as to technically how it work and what the re-striping of the parking lot might be. The second item dealt with the capacity of Presidential Drive and the ease of the difficulty of exiting the Crossroads Subdivision. When a vehicle interfaces with traffic on a high speed, high capacity arterial, what they—what the driver is looking for is a gap in the traffic stream for them to make there maneuver into. As it currently stands, the north bound traffic coming down from Franklin Road is fairly well dispersed on the highway by the time it reaches this location. What the drivers and residents of Crossroads Subdivision currently experience is the lack of gaps in the traffic stream. Now, installing a signal at that location consolidates the traffic and mechanically creates the gaps. In the absence of a traffic signal and when originally analyzed, there was to be a signalized intersection for the residential portion of this development. That signal was subsequently moved down to the new location of Pine street. Pine Street will create additional gaps in the flow of traffic and will significantly improve the ability of the uses of that road to cross Eagle Road or to make left turns either out of or into the traffic flow. The MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 18 reason that happens, the signal at Pine Street will consolidate the traffic. It’ll— it’s what we refer to as platooning, it groups the traffic into a tight platoon and sends it down the highway as one solid block of cars. Once that platoon passes the driveway, there is now a fairly large gap and there is an opportunity for cars to exit the subdivision. Even though the signal is no longer at Presidential Drive, by installing the signal at Pine Street, the gaps are created in the traffic flow and the level of service at that intersection improves. In addition with the construction of the signals and dual left lanes that are now being proposed at both Pine Street and Records Street, there will be alternatives to the residents of the subdivision and in my opinion their ability to access the arterial system will be improved because of the site improvements being constructed as conditions of this development. If you have anymore questions, I’d be happy to answer them. Borup: Commissioners, any questions for Mr. Dobie? De Weerd: I just had a question about when you put in this access drive, how is that going to change the number of parking spots that you have? How many parking spots are you going to loose by doing this? Dobie: I don’t believe that we are going to loose any. Until you get into the specifics of the design and layout I can’t answer for sure. Judging from my experience in parking lot layouts reorienting the aisles the way that proposes is a wash. Borup: As far as parking spots you mean? Dobie: As far as the number of parking stalls. Borup: Any other questions Tammy? I wasn’t quite sure about you attitude about the frontage road. Are you saying that you don’t feel it was necessary, or it was marginal? Dobie: I don’t think that the continuous frontage road from Records Drive all the way down to Pine Street is necessary. I think there are locations around the perimeter of the site where realignment of that outer aisle would help. I personally don’t think that it needs to be continuous and I think it could have some detrimental effects if you made it a continuous road. Borup: What would the detrimental effects be? Dobie: More people would have to cross it. Borup: How about the people up at the buildings, you’re not going to increase it—I mean Mr. Sale was concerned that would increase the traffic up near the MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 19 stores where you definitely have more people. So you have more people and more cars at that point. Dobie: The two locations where that aisle will be heavily unloaded down at Pine Street and at Records Street. Both Pine and Records… Borup: I think ACHD proposal is to stop that prior to Records that they exit to the west of records so it won’t go quite there. Dobie: So it’s close to Pine and Records where that road would help a lot. Out toward the intersection of Fairview and Eagle Road, it would do very little. At the terminus of that road, it would help to drive back from that arterial. In the middle, it does very little. I could illustrate on the site plan if you wish. Borup: You are saying that the ones at the corner there, the existing perimeter road would handle the traffic in those corner areas, but as you get closer to Records and Pine—I assume, then how about the area as you get closer to Presidential? Dobie: Between Presidential and Pine… Borup: Well no, north of Presidential. Dobie: Just two to three aisles north of Presidential, it would help. Borup: So coming in where that pad building is and extending that out a couple aisles is where you would gain? Dobie: Yes. Borup: Okay, thank you. That will be all, thank you. Then your sound engineer? Durkin: Now I would just like to have Kerrie Standlee make a brief, I know we are all here on our night off, so I’m just going to have a brief presentation of your analysis Kerrie, thank you. KERRIE STANDLEE, WAS SWORN IN BY THE ATTORNEY. Standlee: As I said, my name is Kerrie Standlee I’m with Daily, Standlee and Associates, we are located in Beaverton Oregon. I’m a registered acoustical engineer in Oregon. Oregon is the only state that has an acoustical engineer registration. I’ve been in the work of acoustical engineering since 1975. I have been registered since 1981. That was the first, second year that registration was given in Oregon I was asked by the applicant to take a look at traffic issues and also noise that would be generated by traffic serving the facility, trucks, delivery trucks and equipment outside of the facilities such as compactors. So we took a MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 20 look at what levels would be generated by that equipment, but to do an analysis or evaluation we had to have something to compare it to. The City of Meridian and State of Idaho do not have a noise ordinance or regulation. So we didn’t have a guide to use there. So we looked at using the State of Oregon’s noise regulation. In that regulation, as I state in that report, there is a requirement that if you have a new site that has never been used, that you can not increase the ambient noise at a noise sensitive receiver, such as residents by more than 10 dB or exceed a maximum allowable. So we had to come up with some way to determine whether we will be controlled by a 10 dB increase rule, or the maximum allowable rule, if we were to use the Oregon regulation as a criteria. At the time we were approached, we didn’t feel that we had time to come over and do a study of the ambient so we approached it by predicting what the ambient levels would be based on the traffic that we were given from Ada County Traffic District. The time, we used the data from the county and contact them about some specifics such as truck volume because the number of trucks on the highway effects the level, versus the number of automobiles and using that information came out with the results that you see in the report. I brought three sound meters with me today, because I wanted to just check to see what the conditions were out there to see if we were approaching the evaluation from a good standpoint. What I found was that the speed limit was different from what was given to us in terms of Fairview and Eagle. We found over two hours this afternoon, between 4-6PM that the levels were about five to six dB lower than what you see on that table, in terms of the L50 and the L10 levels. One of the reasons is that we assumed 55 mph for both Fairview and Eagle, because that I think was on the Ada Counties data that was sent to us. As I found, it’s 45 on Fairview and 50 on Eagle. So the average speed was less than what we had assumed. That can account for some of the variation. Secondly, today during the measurements, we had a wind, that is not accounted for in the model. The model predicts higher sometimes when the wind is blowing then it would be and temperature effects. So the point I’m trying to bring though is that even with the actual measurements, the criteria was what we were trying to establish. Whether we needed to go to the maximum allowable criteria or the ambient degradation. Even if we subtract and use the lower levels, the maximum allowable standard would be appropriate here for evaluation. So it didn’t change anything from the point we started evaluating, to the results. The result that you saw were that the facility, the noise from the facility would not exceed the criteria if several things were done, those were listed as the mitigation measures. The one point that I wanted to bring out again, once the buildings are constructed, they will become mitigation measures for traffic noise, and one of the points you have here is that this is actually a good design layout to have commercial mitigate noise between highways and residential, because the buildings are natural barriers to the highway noise and as that highway traffic increases, you are going to see actual increase levels at those residences. With the buildings actually put there, those levels will be dropped temporarily until that traffic builds back up and it will basically approach what it is now. The specific problem areas that we saw were MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 21 relative to refrigerated trailers when they are brought in, if those refrigerator units are left running, those can be quite loud, especially if they are close to the property line. We recommended that they be mitigated with barriers put close to those unloading areas. We’ve worked on several projects in Oregon where we have very similar situations, the back of the building is 25-30 feet from the property line, trucks come in—have you passed out those photographs yet? Okay, I worked on one in the community where I live, in which there was a Safeway grocery store, the residents behind were retired residents, they were senior citizens that were living there, had been living there much longer before this facility was built. They had concerns similar to what I hear are concerns here. The facility was constructed and the wall was put in to mitigate the refrigerated trailers. The citizens have had no complaints relative to that. I think there was one complaint about one compactor that was taken care of once because something wasn’t done from the original design, but that was taken care of in the City of Tigard, where I’m talking about. It is reported that there has been no complaints from that since then. So if you have any questions about the report or any other issues I haven’t mentioned, please call those now. Borup: Commissioners, any questions for Mr. Standlee? Smith: Not at this time. Borup: Any comment on the—from your report, you mentioned that wall on a buffering berm would be a lot of benefit, is that correct? Standlee: I wouldn’t say, I don’t want to use it that way. What I’m saying is that it’s not warranted given the situation. If you want to put it in there, there is other benefits that you could talk about besides noise, I suspect, that people might experience. So I don’t want to say that it won’t have benefits. It’s not warranted given the expectations. You have to remember in the rear of the buildings, there is very little activity. You don’t have traffic going through constantly like you do on the front of the building and the building located there, that’s all mitigated. Borup: Did you take into consideration landscaping along that same section at all? Standlee: No, there isn’t. Borup: So your noise figures without even taken into consideration a tree buffer or vegetation on that. Standlee: There is very little attenuation provided by a tree buffer unless it’s 100 foot or more. (Inaudible) It’s more visual. That’s a cycle acoustic question and sometimes visual makes a difference. People will be convinced that it’s quieter MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 22 because they can’t see it. That has worked in places, but it’s not showing levels as being any difference. Borup: Was there anything that you wanted to conclude with Mr. Durkin? Durkin: No that’s our presentation, in addition tonight, I want you to be aware that I have David Coates here from DBR Family Center Inc. in Salt Lake City and again, the landscape architect, if there is any landscaping questions either from you or the public. So that’s it for now, I would just like to keep open my opportunity to further discuss. I did pass pictures out, there is duplicate sets, it gives you an idea of sound barriers for the grocery stores or Albertsons, and a Safeway store in Oregon. Borup: Both of those pictures are from Oregon? Durkin: Yes. Rossman: Mr. Durkin, did you want to submit the three exhibits, the noise report, the photographs and Mr. Dobie’s parking lot as exhibits and made part of the record in this proceedings. Durkin: Yes, everything that I do, everything that I show or bring out I usually give to Angel or the Clerk. That’s always (Inaudible). Rossman: Thank you, they will be made part of the record. Borup: Okay, this is a continued public hearing, I might remind again that at our last meeting, the two things we specifically wanted to consider was the buffering and the traffic study. I think we’ve heard reports on that. We’ve been here an hour and a half already. So, what we are looking for is I believe new information, or perhaps short comments and again keep in mind that we may or may not get to everyone’s comments depending on how much time we take, but we would like to stay here tonight until things here get concluded. So saying that, is there anyone from the public that would like to testify or comment? If so, come on up and the attorney will swear you in. DERRICK BROWN, 3873 E. EISENHOWER, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Brown: Mr. Chairman, ladies and gentlemen of the commission, you are tired, I’m tired I’ll keep it very brief. The only thing I would like to stress in the way of additional information is that as you make your considerations, keep in mind a couple of things that we have to deal with on a daily basis, just trying to enter and exit our subdivision and the way that the new traffic flow is going to approach that. Turning left coming off of Presidential onto Eagle Road, even off hours of MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 23 the day is an exercise in frustration at best. Even after the eight o’clock hour, getting onto 8:30, nine o’clock in the morning, trying to turn left there, we’ve had several opportunities to sit and wait for five to ten minutes for an appropriate break in traffic. Generally what we see is even though lights help mitigate that a little bit, people coming out and turning right at those lights really keeps that traffic flow relatively constant. I think the only way that we are going to have a really strong chance of not seriously degrading our quality of being able to get into and out of our subdivision is to have some type of light available to us to get out of there. I would like you to seriously consider that Pine Street continuation. There is a connection available for our subdivision with at least an access to someplace where we can get to a traffic light going out to Eagle instead of just at Fairview to give us a little better opportunity to get into and out of there. If the light is going to be completed at Pine as Mr. Durkin has stated on day one, then a continuation of that road whether it’s done by the county or whether it’s done by the development, however it gets done, at least would facilitate our ability to not be exceedingly frustrated. So I would like to encourage you to look more at that and also again visit the buffering areas, not just along the back of the division but also internal to the parking structure. My wife and I have been wandering around, there is nothing more sort of detracting than these big wide open areas of asphalt and some type of division in there to just make it look a little nicer for no other reason, we have to live there and pass by that every other day. A sea of asphalt is not exactly what anyone wants to see. Those are the considerations that I think I would like to stress, especially the Pine Street or some type of adequate access to an easy way to get inn and out of that subdivision. Borup: Commissioners, any questions for Mr. Brown? I’d just like a clarification on—you are saying that you would like to see the light on Pine as soon as possible? Brown: I’d like to see the light on Pine as soon as possible, and I would like to see us have some way to get to it. Borup: So the access from your subdivision on Pine… Brown: I don’t see how as traffic demands increase, and the shopping center gets into full tilt, we’d have any real break in traffic. People are going to be turning right off of Pine Street, as that gets more and more into development. We are not going to have any other opportunity getting out of Presidential. I have a feeling pretty soon, there is going to be no left turning on Presidential, there is just not going to be a way to do it. So, I think without Pine Street it’s going to become pretty bad pretty quick. It’s already is pretty nasty. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 24 Borup: Okay, I’ve driven through there too, that’s the thing that I noticed was the same thing Mr. Dobie said, by the time they come from Franklin, the cars are spread out. You need that light there on Pine to make that break. Brown: I think my main concern is that even with the light on Pine providing a break, you are going to have right turning there as that starts to be developed. You know, I think if you’ve got areas on that shopping center where people are pulling out of that shopping center, that’s going to mitigate a little bit, and a little bit more frustrating to get out of there. Borup: It appears that the southern portion of the property is a ways off before that is going to develop. Brown: That’s what I was hearing. Borup: Anticipating by the time that does, that Pine will be back and it looks like the school is going in sooner. Durkin: Mr. Chairman, there is a clarification, since many of you weren’t at the hearing last night, I don’t think it’s accurately reflected in that typed report that was delivered here today. May I hand this out? This is a commitment that’s on the record last night. It’s our understanding, our belief that it’s a condition of our approval from ACHD. While the southern edge of the project won’t be developed right away, we are required to put a frontage road across that. We are required to put a light in at Pine and Eagle on day one. Borup: Okay, that is different than the report is. Durkin: I’m going to hand this to you as part of the record and then you can at least look at it. Smith: Mr. Durkin, when you are referring to a frontage road, are you referring to Pine? Durkin: It’s a temporary road that is drawn on there that goes along the front of that project. Smith: Oh, from Presidential to Pine? Durkin: Yes, to Pine. See we are constructing Pine to the rear of—to the east edge of our property line on day one. That has to be open, finished, completed when we open the center. So that—I just wanted to—I don’t think that was clear from the record. Borup: It was not clear from the ACHD report. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 25 Durkin: Were you there last night, that did come up and it’s a matter of public record. Borup: You’ve made it (Inaudible). So that clarifies for the homeowners here that there will be a light and Pine will be paved back to the back of your property. Durkin: There is an access road from Presidential to Pine across our southern property that we are constructing. It’s temporary, it will be de-modified when that part of the center is (Inaudible). Rossman: For clarification, Mr. Durkin the exhibit you provided is figure 4 family center at Meridian in the upper right corner and you’ve drawn with blue ink a line from Presidential Drive to Pine, is that the temporary road that you are referring to? Durkin: It was a matter of public record last night it was (Inaudible) on an overhead and paper. De Weerd: The residents would have access to use that from Presidential to Pine where a light will be, is that correct? Durkin: Yes. Borup: Okay, I think that answers a lot of concerns that Mr. Brown brought up. Who’s next? KEN SANSOUCIE, 3526 E. FLORENCE DRIVE, MERIDIAN, ID. (END OF TAPE) Sansoucie: …very cooperative, has invested a lot of time and effort into trying to cooperate with the residents to reach a satisfactory arrangement. As an adjacent property owner, I would like the commission to consider a requirement that the developer provide the adjacent property owners at least names and 24 hour phone contact to our adjacent neighbors who are going to be in this development. As an adjacent property owner I will have visual contact with the development and if I see any signs of wrong doing, or if I have any noise violation issues that I’d like to address, I’d like to address them with those tenants before I take it up with the city police. I’d like to be a good neighbor, but I’d like to have those numbers provided to me so that I can address those issues as I see them. Like I said, as an adjacent property owner, I will see things that other residents might not see. I’d just like your consideration on that point. Borup: Thank you. Please come on up. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 26 MARY CAHOON, 1875 N. LOCUST GROVE, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Cahoon: On behalf of the neighbors that are here tonight, these are the homes that they are talking about and I think it’s wonderful that we would treasure our homes. I happen to live next to the Fred Meyer Development off of Locust Grove and Fairview, so I can really empathize on how—the things that are happening here. I think that Meridian is a city that is growing and we are experiencing growing pains as we are developing and I think that there is a lot that we can learn from developments or whatever that have happened before. By my living experience of living next to a development such as this, some of the things that I think can be done better is during construction there is a lot of dust, dirt and debris and those types of things. I think water truck or whatever frequently is a good thing to start with. I know that a lot of these neighbors like the idea of a berm where it is a concrete or brick wall and I’ve seen the brick wall at Waremart off of Fairview and Milwaukee, I believe and if you look at the berm that we have off of Locust Grove, it was intended to be quite a bit wider and it ended up that— it’s like a three foot berm and the gentleman here talked about how it’s aesthetically pleasing and so you think it’s quieter, but really it’s not. I live there next to a berm such as this, anyway I think that a wall, a six foot wall would be great. This building is going to—they are going to be at the back side of it, what about safety issues. People that might be burglarizing, the people that live behind the building that nobody can see, so a nice wall might be a safety feature. If you look at Waremart, they’ve done a really nice job of landscaping. I think we need to make an investment in our city and in our neighbors. It’s called the family center, lets be a family. Lets take care of the people that live right next to it. You guys are planning and zoning, you can take care of your people here. I know that there’s going to be a lot of money made for the city through tax revenue and the developer, let’s take care of those neighbors. I think there is a common bond that is threaded through each one of these neighborhoods that comes and they talk to you. As a Planning and Zoning Commission we can listen to those common threads and we can make it better. You know, we are growing and we are growing and we are losing—they’re going to loose their sunset, I lost my sunrise. There are things we pay for the price of growth. If you have families and retired people that are living here, lets try and make it decent for them. Things that they’ll be dealing with too are like street sweepers that happen in the middle of the night sometimes. Steve Kazel from Fred Meyers has been great to work with but they need that contact number, please give them a 24 hour contact number. Snow removal, you know, are they going to be awake in the middle of the night. I’ve been woken up in the middle of the night quite a bit. Signage, a huge TCBY sign appeared in my front window, you know, where it lights up. When they first put the development in, the street lights that they had out there were blistering through my window. They talked to Dakota Development, they said it would take six weeks. I sent a letter in to some of the MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 27 media and immediately the next night there were shields on it. Why was it going to take six weeks when it only took one night to put a shield over the lights. That’s not fair to the homeowners. Drive-thrus, the TCBY they placed it there and the headlights were shining into my front window and they didn’t do anything for about three months. You listen to the concerns of these people and you take action and you help them and you build a brick wall if they need that to keep them safe to screen them from the noise, not aesthetically pleasing. Help the people of your community, it’s your job. Borup: Thank you. I guess we are done? ANGELA DIFRONZO, 3583 E. PRESIDENTIAL, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Difronzo: Before I make my statement, may I ask for a brief questions of the developer? Borup: You could ask the chair and we will ask the developer. Difronzo: Like I said, I have three brief questions, the first specifically to what DBA do the mitigation measures proposed and the sound report decrease the noise to the L-10 specifically at the location “C” during the early morning and day hours. Borup: So your question is at location “C”, would you repeat that again. What do the buildings reduce the noise level, is that your question? Difronzo: With the mitigation measure referenced in the report, the sound wall at the specified locations, what is the L-10 estimated in DBA value during the early morning and day hours. In the report it references a decrease in noise with the mitigation. I just would like a value. Borup: A decrease from what? Okay. Difronzo: A decrease to what. Borup: What, well, I will let them answer that. I think I understood his answer but go ahead. Difronzo: A question two, what is—will the wall be between the traffic lane and the subdivision, or only between the loading docks and the buildings as depicted in the picture that was passed around. Depending on that answer… Borup: I think the applicant stated that would be as in the picture, the wall would be as close to the right there at the loading. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 28 Difronzo: Okay, then my third question would be what is the distance between the wall and the building? Borup: And you said you had some other? Difronzo: Just depending on those responses, I may have some comments. Borup: Okay, thank you. Commissioners any questions? De Weerd: Questions to her questions? Borup: Comments maybe. JOHN JAYNES, 3510 E. EISENHOWER, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Jaynes: I had a question for the sound expert here, whether in his opinion the very small wall close to the loading docks would be more or less effective than a continuous wall along the subdivision order. In my experience, I don’t have a lot, I’m not an expert in this, I have dealt in sound a little bit. A concrete wall to me does not absorb sound, it more reflects it. If you put a box with three sides on it and put a noise source in there, it’s not really going to block it, it’s going to funnel it in one direction. If that’s—that actually increases the level in that particular direction. Where is that noise going to go and so on. I’d kind of like those questions a little bit cleared up whether he believes the noise is going to be funneled in one direction, or perhaps a six foot wall along the subdivision itself would be more effective than (Inaudible). Borup: Did you understand from the testimony that they were talking about a 20 foot high wall? You did understand. Jaynes: Right, but it’s also open on one end which is going to blow that sound in the one direction. That’s all I have. Borup: Is there anybody else that has any questions on the sound. If so, maybe we can get them and then answer them all at one time. Any questions for the engineer? KELLY BROWN, 3873 E. EISENHOWER, MERIDIAN, ID. WAS SWORN BY THE ATTORNEY. Brown: My question would be that the sound engineer said that the trees would be more for just looks than sound. Would something like tall and high density bushes, I’m thinking tall junipers, things like that, would they do any good to MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 29 buffer the sound, but they would also look good. If trees aren’t going to help, is there any vegetation that would help? Borup: Okay, thank you. Okay, Mr. Durkin is Mr. Standlee going to be the one that is going to answer these questions? Rossman: Sir, is this a question for the sound engineer? KEVIN BORCHARDT, 1071 N. FILLMORE, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Borchardt: My question would be, when he was doing his sound study, versus putting this wall up, what is the sound impact going to be, as that truck drives right along my fence early in the morning and if that was indicated in the study anywhere because that is going to increase the sound level. Borup: Okay, thank you. ALLAN DURRANT, 3692 E. FLORENCE DRIVE, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Durrant: My question for the sound engineer, I actually have two of them. Originally I thought that Mr. Durkin, when he was commissioning the study was going to have them refer to the Boise City Noise Ordinance as the reference point. I just wanted to know what happened to that idea, or if it wasn’t feasible. Also, when he conducted his sound study out there on that vacant property with all the weeds, bushes and stuff (Inaudible) through there, would that have a difference in effect for background level for absorption versus when it’s all paved concrete if that’s a lighter sound audience you know (Inaudible) for echoes and such of that nature. I just want to hear a response to those. Borup: Are you handling all of these Mr. Durkin? Durkin: I’d like to remind everyone of something, I’m record from the last meeting that we had. I’ve never ever hired a sign engineer before, it’s new to me. Most of the time its been guessing over the years, and I think for the most part, I’ve guessed right. This is a particularly sensitive situation so we have hired a sound engineer. I read the whole report word for word, I don’t understand a lot of it. So, a lot of the sound questions, he is going to have to answer, but as it relates to the Boise Noise Ordinance, the noise ordinance in Boise from our understanding and from the engineers understanding, is that it isn’t a scientific. The ordinance is, if I can hear your stereo from a hundred feet, you are breaking the rules. It doesn’t have the decimals, it doesn’t have the scientific data that Commissioner Nelson requested, I don’t know if you recall, his request on the record is I want something with decibels. I didn’t understand what he was asking MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 30 either, but I did know that it was far beyond the scope of the Boise Ordinance. So, when we hired this firm, we made a decision not to use the Boise Ordinance because it’s more of a can you hear it from 100 feet or 80 feet, type of thing, that’s the noise ordinance. That’s why we didn’t use the Boise Noise. Truck noises addressed in the report in detail and specific questions he can handle. The distance from the wall to the building on the location the woman, Angela requested, the wall to the building is approximately 40 feet and the wall to the property line to the east is approximately 35 feet. That’s from kneeling on the floor and measuring out a colored rendering give or take a few inches. I just like to address Mary Cahoons comments. Mary and I met probably every two to three weeks for several years relating to the Fred Meyer project. Mary Cahoon was the most effective property owner in the entire development. I knew it the first day I met her, I acknowledge it today. My first public testimony on this shopping center I stood up and said these people are going to be effected. We will do everything we can to meet those concerns. As far as Mary Cahoon’s concern we did everything that we possibly could to address her concerns. I have on record here telling you about the parking lot lights the very first meeting, when you turn the lights on, there is a lot of adjustments. I don’t have a cherry pichard truck to go up and make them. The company that we hire does. So when they say it’s going to take three weeks to do or in some cases ten days or eleven days, that’s what it takes. In her case, she called and complained and called the newspaper and called the store and called a lot of places. Our response is immediate. She had many concerns about the dust, we responded immediately. We certainly should have a good track record with Mary Cahoon for responsiveness. Although she is effected, I admit that. Her house is the only residence that is extremely effected by the development of that shopping center. I admit it, I admitted it to her then and I admit it now. We did everything that we could. There are adjustments that are made on a shopping center after they are built. Hers is a good example and I’m glad she brought it up. We had a drive- thru on the TCBY, it’s something that we didn’t think of, the architect didn’t think of, the engineer didn’t think of, the planning and zoning didn’t think of, the city didn’t think, the council didn’t think of. The first night TCBY was open and the first drive-thru car went through, their headlights were shining right down the drive lane, right into her living room. It was a problem, there was a couple of different ways to handle it, and we handled it as quickly as we possibly could. Every concern that we’ve been able to accommodate her with we’ve done both during construction and during the operation of the center. I might add on the sweeping, it’s limited on this project, it can’t occur after 4:30 in the afternoon, or before 7:30 in the morning. I’ll let the sound engineer address the other concerns and then I have some other comments from some of the other testimony. Standlee: I wasn’t sure about all the questions so if it is possible to have some of them restated if I word it. I will try and word what a heard and if it’s not correct… MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 31 Borup: Are you starting from number one? Standlee: Right. Borup: That was probably the most confusing. Standlee: The question I heard was about what was the level—what would be the level at location “C” once the mitigation wall was in for the refrigeration truck, what is the L-10 level that they were asking? Between 5 AM and 7 AM, the regulation level that we have to meet, that we chose to meet I should say, we don’t have to meet it in this state, but we chose the criteria was 50 DBA. So, 10% of the time, it could be above that, 90% of the time it would be below that. So to give you an example, 10% is six minutes of an hour. Its because we are always looking at per hour type things. 90% is 54 minutes of that hour. I don’t know how long those trucks will be at that dock, it just depends on if they are there for 30 minutes, whatever, an hour. If they are there for an hour and the equipment is run continually during that time—we will, we’re saying we will meet that standard. The level itself may not be above 50 at all, the barrier was designed to bring it down to 3 dB below the standard. Borup: I think that was her question. You said the mitigation of the wall would decrease the noise and she wanted to know decrease it to what. You are saying it would be a minimum of 3 dB … Standlee: …below the standard of 50 for the L-10. I’m sorry the L-10 would be 55 is the standard between 5AM. The L-50 is 50. If you look at that table that we have in there. In other words, 50% of the time the level can exceed 50, but only 10% of the time of that hour can it go above 55. Borup: Okay, let me just maybe—Angela, did that answer your question? I don’t see her. Just shake your head, that’s all we need to know. That did not. Standlee: Maybe you could reword the question then so I can give you a better answer then. Borup: Yeah, maybe rather than coming back later should we just. Angela could you maybe stand up and reword that question again and then we can go on. Difronzo: I think the question was answered, I just want clarification that so when the wall is constructed at the loading dock, the L-10 level will be reduced 3 DBA from… Standlee: No, the L-10 level will be reduced from 74 down to 53. Without that barrier, the level and the property behind would be around 74 dB. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 32 De Weerd: Can I expand on that? Okay, without the wall it would be 74, with the wall it would be 47. If you had the wall not close to the sound of the source, to the source of the sound, and you had it to 35 feet away, how effective would a wall be 35 feet from the source of the sound? Do you know what I’m asking? Standlee: Yeah I do. We have to look at two things here to answer that. What I heard ask is why can’t we put a six foot wall at the perimeter of the property line. A six foot wall at the property line will do no good at all because the source is ten foot high, actually ten to eleven foot high. So the source is above the wall. So you have to have a wall that breaks the line of sight before you will get any reduction. If you just break the line of sight, you’ll get about 5 dB reduction. De Weerd: I understand that, I just wanted you to explain that. Standlee: If you took that 20 foot wall and put it back there, yes you will get about the same reduction because it’s about the distance between the source and the top of the wall and the receiver that determines your reduction. So if you are up close to the source and we have a distance up to the top of the wall and into the receiver, it’s going to be about the same if you put the wall close to the receiver as the same distance. So, if you put it into the middle, you will have the least reduction. If you put it close to the receiver or close to the source, you’ll get about the same reduction. So it’s no better to put it at the property line than it is to put it next to the source. Does that answer your question? Okay. The next question I believe Ms. Difronzo asked was will the wall be between the traffic lane and the building, I thought was what she was asking. What we are proposing is that that wall is an extension of the building, at the same line as the building line. So it’s going to be there at the building. The traffic lane will be between the building and the property line. Does that answer your question? Okay. Then what is the distance between the wall and the building, I wasn’t sure what… Borup: Mr. Durkin answered that, he said about 40 feet. Standlee: If that was actually the question she was asking, I was confused about that one, as to whether or not she understood that was an extension of the building, it’s in line with the building. Borup: Just the width of the loading docks. Standlee: If she was asking about the width of the loading dock, (Inaudible) he answered that. I didn’t know she was asking that question. Okay then, Mr. Jaynes asked is a small wall next to the source more effective than a six foot wall continuous I assume along the subdivision and again, the wall dimensions—this is not necessary a small wall, we are talking about the length of the trailer plus an MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 33 additional 20 foot. So we are talking about a 60 foot long wall here that is not necessary that small when it’s 20 foot high. That is more effective than a six foot wall around the perimeter because the six foot wall is below the source. The six foot wall wouldn’t provide any reduction of a source that’s elevated. Borup: Six foot wall on top of a five foot berm. Standlee: If you go eleven foot? Borup: So you still see about the same thing though, still above the line of sight. Standlee: It’s just breaking the line of sight. Borup: It would not break the line of sight. Standlee: It would, eleven would break the line of sight of a ten foot source. Because the receiver is five foot. Borup: You are saying the refrigeration unit is only ten feet? Standlee: Average ten foot, the source itself is averaged ten foot high off the ground. Borup: And then I think the other part of his question was will wall decrease the sound or will it funnel it out the open end. Standlee: That would be true. There is a product called sound block that is an absorptive concrete block. It has—it’s constructed with slots in it and then inside the block is a fiberglass absorption material, so that it doesn’t reflect as much sound as much as a solid concrete block wall. That is a mitigation measure that can be used to build that wall so that you don’t have this reflection if it becomes a problem. We would look at that issue when we get into design of this loading area. It could be that the distance from the wall to the reflecting wall is far enough that it’s going to decrease quickly enough (Inaudible) add in. The sound reduces about 6 dB per doubling of distance from the source. As an example, if you had a measurement ten foot from the source. In this case, we had—our levels are 15 foot away, our measurements I mean. So you will see in the reference data that the level was 87 dB 15 feet away, you go to 20 feet away and it’s dropped 6 dB already. You go to 40 feet another 6 dB, and so on. So when you have reflections, you actually are having increased distances which will reduce that sound. So I don’t know that we would have to worry about reflections yet, but we would take a look at that. There are many ways to mitigate that by putting absorption on those walls, either by constructing it with an absorptive product, or adding absorption to the wall, such as a panel that’s made of metal, that has perforated surface to it, with absorption material behind MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 34 it. That’s used quite often on projects, in fact, we are looking right now in Portland, we have the new light rail on the west side. After they opened it up, of course they had some noise problems that they didn’t expect and they are now working to get those taken care of. One way to do that is to put absorption on sound walls that they put up that are focusing sound in certain areas. Then there was a question by Mr. Borchardt, I believe it was, what impact will the wall have on trucks passing by? It’ll be basically be the same as the existing—the building. Three will be a 3 dB reflection from the wall to add to a pass bi-level. If the wall wasn’t there, or the building wasn’t there and a truck passed by, it would have a certain dB level at a certain distance. If you put a wall up, it’s going to add 3 dB to it for the reflection. Borup: So you are saying that the wall is not going to have any more defect than the building that will be there. Standlee: Right. Vegetation was a question—with the vegetation now was that—and none later, what was the effect, I think that was the just of the question. That was commented on in my section 7.4 I believe in the report where I said what we looked at was what would be the effect of the building on the traffic noise. When we calculated that effect, in the original calculation of traffic noise, we included a soft sight, meaning that there was vegetation on the site, which adds some absorption. In predicting with the buildings there, we put on a hard site, which there isn’t no attenuation by the ground. It showed that they level predicted was from traffic if we just had a hard sight instead of a soft site that the levels would be about 6 dB higher, with the same traffic. So we took that into account, but we still got the reduction of about five to ten dB in some locations. At one location we only got one to three because there is a big break between the buildings. Borup: So I think to answer Mr. Durrant’s question, you did take the asphalt into consideration. Standlee: Yes, that’s right. I don’t know if there were any other questions… Borup: One other, I think Mr. Brown was talking on whether tall bushes would have any effect in addition to just… Standlee: Okay, when I said that vegetation would have no effect, I want to make sure that you understand, I’m talking about perpendicular to the building. If you have vegetation down a line a 100 foot and you were down at that 100 foot and looking down the road, that vegetation is going to have an effect at that location, but straight through, it’s not—parallel to the vegetation, you will have an effect, but perpendicular to it because it’s so narrow, you won’t have an effect. Really shrubs don’t help, it’s got to have density of distance, before you will see an appreciable reduction that’s going to be noticeable. I think Mrs. Cahoon said MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 35 that I was saying that people will always think that bushes (Inaudible), no they don’t always. I’m just saying that some people have responded to vegetation as being a benefit even though the levels are shown to be the same. I can tell you that it does not effect it, it does not reduce it and she agreed, it doesn’t reduce it. Borup: Okay, thank you. Did that answer all the noise questions? Apparently not. (Inaudible) Well you need to come up to the microphone and maybe, you are talking a new question or we didn’t answer yours? Jaynes: Just to clarify. It’s my understanding that there are going to be sunken loading docks, is that correct? So you are lowering the refrigeration unit anyway? Standlee: That’s my understand, I’m not sure how much. Jaynes: Okay. But I just wanted to know in your opinion whether this six foot wall on a five foot berm continuous wall would be more effective than a partial 20 foot high wall over the entire distance, you know average distance. Maybe not in one location or the other, but average over the distance of the subdivision there. Standlee: You have got to remember the source is only right there at the loading dock when it’s there for a long time. It’s moving through, it’s only going to be there temporary, short-term. We are talking about a 15 mph, that’s about 20 feet per second. So it’s a very short time that the truck and refrigerator is going to be generating noise when it’s passing by. Once it’s at the loading dock a wall down the way is not going to benefit anyone because the level is already low enough that it’s not going to be a problem. So I don’t think you are going to see an appreciable difference between putting a 11 foot wall at the property line and putting a 20 foot wall next to the loading dock. Borup: Okay. Mr. Durkin, the loading dock, how far is that recessed? Durkin: They very. I’m not—it’s on the plans and specks for the Shopko which may be modified, I don’t have the… Borup: I think, and we haven’t stated that, but a lot of the concern has probably been at the grocery store because eof the refrigerator units. That’s probably the only one that would have refrigerator units… Standlee: Even though the loading dock is depressed at the dock, the refrigeration unit is not because of the angle, by the time you come to the front of the truck, it’s at grade, it’s not depressed. We don’t have a step down condition, it’s a ramp condition. The source is up at the front. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 36 Borup: That makes sense, it’s going to depend on the length of the ramp and the length of the truck as far as how much that could effect, alright, thank you. Standlee: I guess I just want to call your attention to the front page that we talked about, keep in mind when the trucks are at the dock, the engines are turned off. In item number four, for refrigeration trucks at a dock, its turned off. So it’s not like it’s there sitting there running. Rossman: Mr. Durkin you provided two additional photos, did you want to make those part of the record. Durkin: For the record, everything I hand to the clerk is always a part of the record. Borup: Explain those photos. Durkin: Those are photos that are in a shopping center in Oregon that are the photos requiring the trucks to turn their engine off, or the refrigerated trucks, it’s a parking sign that the City of Tigard Oregon has, it states their ordinance number. The City of Meridian doesn’t have that, that might be something they could look at—we think that would be grand. We intend to sign the premises with a sign similar to that absent the ordinance number. Borup: Thank you. Hopefully we’ve covered the noise issues. This still is a public hearing, have you got more? Difronzo: So based on the answers to those questions, I had a few comments. Borup: Okay you did say that you wanted to ask some, okay go ahead. Difronzo: So basically based on my brief review of the sound engineers proposal that I was given tonight, it is my opinion that a contiguous wall around the perimeter of the subdivision may provide more adequate sound protection and I’m also concerned about the reflection between—within the loading dock walls and feel more investigation is needed in this area and also as far as the contiguous fall around the perimeter, I understand the concept that you need to have the line of sight broken between the noise making object and the receiver, so it would obviously have to be higher than 11 feet at the perimeter of the subdivision. It would need to be of increased height, rather than having a brick wall going up this subdivision would so prefer to have a berm and then a wall constructed on top of this. Just throwing a number out, it would have to be higher than 20 feet. So if you had a ten foot high berm and a ten foot high wall on top of that, maybe this would be possible. The reasons I propose this are, I was trying to find some reference material regarding noise analysis and abatement and I found one from the US Department of Transportation and one of MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 37 the main sentences it has in there “to avoid undesirable end effects, a good rule of thumb is that the barrier should extend four times as far in each direction as the distance from the receiver to the barrier. So, the 20 feet of wall that is extended past the end of the truck does not appear to meet the… Borup: You are saying it doesn’t meet that rule of thumb? Difronzo: So therefore a contiguous barrier would reduce the number of breaks in the noise barrier and so you would have more efficient noise suppression. Another item that is in the traffic and noise analysis guidelines is that a noise barrier can achieve five dB noise reduction if it breaks the line of sight and then a reduction of one and a half dB for each meter above the line of sight that is broken. So although the noise decibel level is decreased to the 53 in location “C”, it is possible to achieve a more quieter environment if that height of the wall is increased. Then another item of reference and my reference is that sound levels are only to be used to determine impact and noise abatement should be designed to achieve a substantial noise reduction, not the noise abatement criteria. So basically as long as we are spending all this money to construct a barrier for noise reduction, might as well make it a good one. I would have like to review this report in a little greater detail to provide you a written letter of my concerns, unfortunately time does not allow. Rossman: Ms. Difronzo, a foundationally concern, do you have an particularize training, education or experience in sound engineering? Difronzo: Not sound engineering, my degree is in mechanical engineering. Rossman: Have you consulted with the sound engineer? Difronzo: No. Rossman: Would you like to make your report that you are relying upon a matter of record in this proceeding? Difronzo: The report that I referenced? Rossman: Yes, that way the commission can comply whatever credibility that they may deem necessary after reviewing the report. Difronzo: That is fine, how do I do that? Rossman: Provide it to the clerk please. Difronzo: Thank you. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 38 Borup: Thank you, Mr. Phillips? ROBERT PHILLIPS, 3437 E. PRESIDENTIAL, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Phillips: I’ll try and be as concise as possible tonight for Commissioners Smiths benefit, I was very concise last time and submitted a letter, but… Rossman: I will restate the general guideline or rules of this commission that you try and confine your testimony to three minutes and try not to avoid or duplicate prior testimony in this proceeding. Phillips: I just wanted to also state for the record that I believe that the continuous wall around the subdivision will provide me an sycho (sic) acoustic benefit, just so everyone knows. I also want to commend the commission, I think you have spent a lot of time in analyzing this, particularly Commissioner Borup was at the ACHD till early in the morning, this morning. I think that is above and beyond the call of duty and I know that you are taking this very seriously. All I want to do here tonight is—Commissioner Borup asked me a question last time that I would like to respond to, I drafted a letter and he asked me if that was my opinion or if it came from the code. I’ve been a little puzzled by this application. In particular I had a client who asked me a question last week and it took me about 60 seconds to open the code and find the answer, basically there are three things you need to know, where the land is at, what the use is, and what the zoning is and you open the book and look. So I thought that would be the best exercise for us to do very briefly is to go through that same exercise. I have a copy of the section of the code 2-409. I think we all know where the land is, I think we all know that the application requests a conditional use permit for a regional shopping center. I think we also all know that it’s an industrial site with a conditional use permit for a planned unit development general. If we glance at this code section, I include the whole code section with the exception of section 6D which talks about livestock and poultry which I did feel was applicable. So it’s all of section 2-409 except for that. The question is where can you put a regional shopping center? If you will turn to page 45, which is about the fifth page in the second item, this is a commercial use. This is in a commercial zone, not an industrial zone. It tells you, you have a regional shopping center and that’s only allowed by conditional use permit in an RSC, regional shopping center business district. There is a conflict in a code and I just want to bring that to your attention. If you look on the next page which is page 46, you will notice a regional shopping center is allowed in RSC by—it’s just permitted simply. I don’t think that’s really an issue, but there is small conflict in the code that I wanted to bring to your attention so we are complete. Now we know that this isn’t a commercial section, we are in an industrial zoning, so it’s important we look at industrial zoning, which is on page 48. This is a planned unit development general, this is the only use that allows residential or commercial, a mixture of MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 39 use. If you look down there you have R-40 which you can have by conditional use permit, L-0 which you can have by conditional use permit, CN which you can have by conditional use permit, CC by conditional use permit, but you’ll notice that RSC is noticeable absent from that. I’m just puzzled as to how we are going about putting this in and still abide by the code. Commissioner Borup asked a good question last time as well, I think he was asking whether this was or was not a regional shopping center… (END OF TAPE) …and I’m curious if it’s not a regional shopping center, exactly what it is. The intensity of this is clearly by square footage above what is required for a regional shopping center. If you look a the coding for the commercial districts, there is like office, CNCC, it goes up in intensity and each one is supposed to be to permit business uses that could—for example, in the regional shopping center business district, it is to permit business uses that would not, or would be of larger scale than a community business district. So you look at each zoning as to get bigger and bigger and bigger is the way that the codes put together. Clearly this is as big and bigger than the minimal requirement for a regional shopping center which means it would probably be required to be in a regional shopping center business district. I just bring that to your attention, it goes back to my point, it’s too intense. Four quick points and I’ll sit down. I still think if you do allow this, there should be a continuous berm with a wall. I’ve said that from day one and it should be from the beginning of when they start construction, even if there is a certain area that is not being constructed, it should completely encircle or go around and buffer the residential from day one of construction, not in portions. Secondly, if there is any—I know that Commissioner De Weerd last time mentioned that she wanted a bigger buffer out front and I’d make the request that we could leave the front at minimum and it there is any excess put that between the residents and the shopping center. I would prefer a greater buffer there than in front of the shopping center. The last thing that I would just request, we’ve had a lot of recommendations here, I would just request that everything that you decide to put in, make sure you put that in a conditional use permit so that it’s clear. I’m sure there has been a lot of suggestions, I hope you will detail all those out and make sure they are in writing in the conditional use permit, I’d be open for any questions you might have. Smith: Mr. Phillips, Mr. Chairman, this is a matter of clarification of code that Mr. Phillips is referring to as the zoning and development ordinance of the City of Meridian and getting back here reference to the industrial zone, permitted uses in that zoning, you will also notice that an R-4 development is not a permitted use in a light industrial zone. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 40 Phillips: You are absolutely 100% correct. What would have to happen is there should have been an appeal within a certain time after that otherwise it would be allowed. Its been there… Smith: I’m not going to debate ancient history but… Phillips: I agree, I think you raise a valid point, the problem is it’s there. The question is what can go in next to it as part of the plan and I’m saying under the code, if you have a planned unit development general, you can’t have a regional shopping center. Let me chance this—I think that’s a question we could sit and talk about all night, that should be a question that you ask of your counsel and decide with him. Rossman: Mr. Phillips, along those lines, I’m curious. Have you read provision 9-607 of the ordinance, of the planned unit development ordinance? Phillips: I probably have, I do not recall at this point at time, should we look at it. Rossman: Maybe I’ll tell you what that says, it says that PD should be allowed only as a conditional use in each district subject to the standards and procedures set forth in the section. A PD shall be governed by the regulations of the district, in which said PD is located the approval of the final development plan for a PD may provide for such exceptions from the district regulations governing use density, area, bulk, parking signs and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section. In light of that provision is it your position as a matter of law, under Meridians zoning ordinance that a commercial or regional shopping center such as the one proposed can not be under any circumstances included with in a planned development within the City of Meridian? Phillips: It would look like from my reading of this it would not, there may be a conflict between those two sections and from what I can see here it would not be permitted—if it would be permitted, it would have to be a part of the original plan and I don’t think it was a part of the original plan that was submitted. In fact, I don’t think there was a plan submitted for commercial site. Rossman: But there was an approval and there was no appeal of the original, of the granting of the original planned development. Phillips: That is correct. Borup: Maybe this might be a good time a couple of clarification. I do believe and maybe not to this extent, there was a plan submitted for a shopping center a little smaller than this, it was 650,000 sq. ft. with much the same design wrapped MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 41 around the subdivision and I believe that was done back in –I can’t remember now, if it was in 1991 or 1993. You probably came across that in your research. Phillips: No, I didn’t I’ve heard people talk about that, I went and looked at the— what I could find on record. Borup: It was at that time just a conceptual plan. Phillips: So I didn’t find anything on record that talked about that, but I do note where there was another development, but it was much less intense than this one is. Borup: That one I didn’t find. Also prior to that they were at one time trying to locate the regional mall there. It was in contention with where Boise Town Square is and downtown Boise and Nahas project and another one called Clong (sic) so this was about number four. Phillips: You raise a good point, except for the fact that you have to go through the process to make sure if they want to do that it’s fine, but they would have to have the conditions in place to be able to do that. Even though there is preliminary designs and intent, it was never put into place. Borup: No, that’s true. I would like to maybe discuss just a little bit on a couple of things you brought up, I guess to clarify on definitions, one was on the RSC, the regional shopping center district, quoting from the same paragraph that you read, it says that it is intended to and will serve the entire region of the treasure valley. Do you feel that this is a development that meets that criteria? Phillips: Yeah, I do, I think that was the intent was to have something regionalized to bring people in from all over. Borup: You feel that this store is, you mean? Phillips: Not this store, but this complete center. Borup: Well that’s what I meant, which we are looking at. Phillips: The combination… Borup: Another Shopko… Phillips: Shopko combined with um… Borup: Do you feel this Shopko is going to drag all the people from Boise? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 42 Phillips: No, it’s not the one shopping store, it’s the shopping center. When you have 850,000 sq. ft. and you have a Sams Club or a Costco, there is not very many of those in the valley. So if you don’t want to go and hassle with Milwaukee, where are going to go to go there? You are going to go to the closest one. So maybe if there isn’t something over in Nampa so you stop off in here, so parts of the Treasure Valley will be attracted to this because it’s easier to get into. Borup: I agree with that, it’s going to regionalize. Phillips: So that’s why I say that… Borup: I mean anybody that is driving past this site to go into Boise is going to stop here. Decrease in traffic down the road, perhaps. Phillips: There may even be people from Boise or south Boise to come this direction to avoid the Milwaukee traffic conditions. Borup: Okay, I guess then just as—one of the purpose of this is to prohibit strip and commercial development and encourage clustering. The other was on, you didn’t get into the definition of also ordinance regional mall. Phillips: Regional shopping center. There is three definitions and one is regional shopping center. Borup: Right, and I believe that is the only one in here. Phillips: No, there is regional shopping center, there is community shopping center… Borup: Okay, but you are referring to the regional aspect, which is saying that the regional shopping center has at least two large department stores. Serving a population of 150,000 I guess that would need to be determined some other way and then 750 sq. ft. or over and it definitely meets the 750, in my mind, I question whether it does on the two anchor departments. Phillips: You raise a valid point there, but the question is, if it’s not, what is it? Borup: That was my next question for you, do you feel this is more of a regional or a community? Phillips: Well, the community shopping center is from a 100,000 to 400,000 sq. ft. generally. So what I’m saying is whatever this is, it’s not a community shopping defined in our code. It’s some kind of super community shopping center is more akin to a regional shopping center. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 43 Borup: We need a new definition here. Phillips: What I’m saying is that I’m not really sure what it is. I’m just saying… Borup: I would agree that’s probably where it is, somewhere in between the two. Thank you, I spoke before I asked if the other commissioners had any questions. Thank you Mr. Phillips. Does anybody else have a final thing to wrap up? Borup: You are next. JOANN BUTLER, 607 N. 8TH STREET, BOISE, ID. WAS SWORN IN BY THE ATTORNEY. Butler: Representing Capital development the developer of Crossroads development. What I’ve passed out to the commissioners, your legal counsel and staff is just a synopsis of some of the points in both the Comprehensive Plan and the zoning ordinance. I’m not asking you to look at that, I’m not going to take you through it bit by bit. I wanted you to have that and I also want to refer you to 11-9-607 and 11-9-604 which are the planned development regulations and the procedure for going through the planned development process which this does have to go through. I’m here to follow up on some of the points that were just raised and also to answer some of the questions that might be raised by that testimony and by the testimony that I give. I am representing capital development. Capital development is the developer of Crossroads and they are very concerned that this commission and that the city address factually what happened at the public hearings previous to this application and factually as to how your Comprehensive Plan and zoning ordinance are met. Mr. Durkin raised the point that he is trying very hard to meet the needs of the citizens that surround this area to try and meet their needs as to the site plan Mr. Durkin and his application needs to meet the cities concerns to as whether this application meets both the Comprehensive Plan and the zoning ordinance, because the city has to make factual findings to that effect before it can reach the conclusions of law as to whether it approves or denies or approves with conditions this project. Also the city needs to do this because my client has relied on those factual past public hearings and what was said. They have relied on the zoning ordinance and they have relied on the Comprehensive Plan and they don’t want to have had relied on that to their detriment. So we are looking to the Planning and Zoning Commission in that regard. Mr. Phillips raised a very good point. The application that you have before you is confusing for us as the reader. It references, it titles it that it is asking for a regional shopping center, it implies it is asking for a new conditional use application, it also implies that it is transferring an existing conditional use from 1993. So the question is, what is it. Under your ordinance if this is a regional shopping center then it is not permitted in an LI zone, it is not permitted in this industrial zone, it does need to be rezoned. In MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 44 fact, the industrial zone clearly prohibits that as well as clearly prohibits any commercial shopping center. If this is a new conditional use which has been eluded to by staff and others that this is a whole new conditional use, what you have to look at is does it comply with the Comprehensive Plan and again, you have to say what is the zoning for this area? Is a conditional use allowed? I think somebody, I think Mr. Borup you raised the question well, can somebody do a conditional use in a LI zone. What the zoning ordinance says and what the PD ordinance says, planned development section of the subdivision ordinance says, is that you can—some planned developments you can do, but planned development general you can not, or I’m sorry, I misspoke, it does say that planned development general you can do. But what a planned development general is a development not otherwise distinguished under planned commercial which is defined as completely commercial. Or, which contains a mixture of residential, commercial or industrial and that, this application wouldn’t do. So if it is a new conditional use, I think it doesn’t meet your zoning ordinance. Then you have to ask your question well, is this a transfer? It’s been raised here tonight that and in past hearings that this is a transfer of a conditional use that was previously done. Now we were, or my client was intimately involved in that particular conditional use process. If this is a transfer from the old conditional use then your ordinance is really specific. You have new owners here and it says in order to transfer this, you have got to as the new owner petition the City Council and ask their permission to make that transfer. There is a couple of very good reasons why in this case. You need to have the council determine and make sure that previous commitments made at public hearings are carried through to this application. You need to ensure because your ordinance says, that the same uses have to be contained within this application as was found in the previous grant of a conditional use. One of the things that I’ve provided to you tonight is a copy of and I want to apologize in advance, some of the pages are a little bit out of order, which you can tell by the heading which shows the numeric order that it came through the fax machine from somebody that sent that to me. So I just don’t want you to be confused, but it’s the Findings of Fact and Conclusions of Law that this city reached in 1993 and also an excerpt of the minutes from 1993. I’ll just briefly talk about refer you to those minutes. Mr. Right, who is a partner in the previous owner of this project said that they were going to covenant, they were going to record restrictive covenants as to color, height, types, landscaping, lighting, hours of operation, etc. to protect and enhance the residential that my client was up before this commission asking to be put in. We won’t allow major heavy industrial uses, but light commercial office type, and other industrial. The Findings of Fact that Mr. Crookston at that time wrote up, state that the uses will be a mixture of and I’ll quote “commercial, and light industrial uses as a planned unit development general.” In addition, Mr. (Inaudible) said to the city that with regard to the buffer particularly. We are thinking of some type of berm, fence, a combination tree situation to isolate the commercial from residential. Continuing, Mr. Wright when asked by the council what that would be like, he said it was difficult to be precise at that time, how it’s MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 45 going to be screened, but I’ll quote “Our commitment to this community and to Mr. Yorgenson is that we will put covenant against all the property surrounding him. That we will do among other things restrict height, color, hours of operation, landscaping separations etc. We have discussed three variations of separation, per say residential and commercial, one would be fencing, one would landscaping, one would be berming. I don’t know precisely tonight what that combination would be, what percentage proportion of those we will use, but I will assure this council and this community that there will be separation be the residential and commercial, but we have to do that in tandem with Mr. Yorgenson.” Rossman: Ms. Butler is it your position that the present application is inconsistent with that particular statement, and how? Butler: That’s correct. Rossman: And how? Butler: That’s correct, because what we have here is a couple of reasons why it’s inconsistent with that previous application, if this is a transfer situation in which you are saying the same uses will be carried out as previously approved. There is no industrial, it is not a combination of commercial and industrial. So the council needs to look at that and that’s what they would do in a petition to them asking if this conditional use can be transferred. Likewise, when Mr. Yorgenson, my client, met with Mr. Wright back then, they fully expected to be part and parcel of a unified logical development that was both residential, commercial, and industrial. Rossman: So are you saying that it’s actually in the Findings of Fact and Conclusions of Law which granted the original conditional use permit for the planned unit development that a mixture of commercial, industrial and residential uses in fact would be included in the final design, or… Butler: It states and I’ll quote paragraph of the findings “Petitioners proposed to” it’s on—don’t know what page that would be on the—but it would be on your facts it’s five of fourteen at the top in the first partial paragraph at the top “Petitioners proposed to develop the property in mixed use fashion containing both commercial and light industrial uses as a planned unit development general. This was in keeping with what Mr. Wright the previous owner of the property stated, especially that has to do with uses and especially we are very concerned, my client is very concerned about three things that we don’t feel have been addressed collectively between these two developers. You could look if this is a transfer and I’m not sure it is because there is no petition coming to this commission following a council action, but if it is, then it needs to go to the council and then I think it needs to go to the council with a unified message from MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 46 both of what would be the co-developers. My client who developed the residential and the developer of this portion that surrounds it. De Weerd: Can I ask a quick question, is your client Mr. Yorgenson? Butler: He is the president of Capital Development the developer of Crossroads. De Weerd: The same person who sat here and testified that he supports this development? Butler: He supports the development with—and he has talked about that what he is very, very concerned about this, not that he supports the development as it is, but it doesn’t have a lot of what the zoning ordinance calls for. Logical consistency creating a unified development between uses of the planned development. De Weerd: But in his testimony, I’ve read all the minutes and in his testimony his concerns were interior landscaping and the buffer. Period. Butler: And that is no small matter. That is very much his concern the buffering… De Weerd: And that is what we’ve been spending all this time on. Butler: I’m talking about two things though. I’m talking about you need to talk about buffering, you need to talk about as you did tonight traffic. You need to talk about landscaping internally to this system because from his perspective and I’m sure the residents perspective they don’t want to become know as the address less subdivision that is kind of located behind a major shopping center. They want to be unified with that. Borup: Kind of, they would be very specifically located, not kind of. Rossman: Well Ms. Butler, do you understand Commissioner De Weerd’s position that or question that, would you agree that this is in fact tonight when this hearing was continued primarily to address two particular issues. This is the first time that your client has addressed this commission with these issues that you are raising at this time. Butler: The issue on the buffering—as I heard you question being two parts. The issue on the buffering and to answer your question too, the issuing on the buffering and the land use and how it integrates as a planned development, that is a very important answer. If these issues haven’t been raised before, it could be perhaps because you haven’t had legal counsel look at it before and ask the question okay, but before we even get to buffering, before we even get to traffic, MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 47 are we even meeting our zoning ordinance? Are we going through the proper procedure? The reason for going through that proper procedure such as the transfer process which requires a petition to council is to make sure that things like tonight, what I’m saying tonight come up. So you are not hit with it at the tail end. What I’m saying here is that the city—if the applicant had gone through that process you probably would be hearing this from the last person to get up, to testify to you after several hearings. I’m sorry for that, I think that’s not, that’s because the process outlined in your code wasn’t followed. De Weerd: In previous minutes though Mr. Yorgenson and it wasn’t in this application, it was in 1993, he requested the fence, the buffering or the shrubs and berm. He would put in the six foot fence and the development would put in the additional buffering. Butler: Are you talking about the side along Eagle and Fairview? De Weerd: This is past testimony that Mr. Yorgenson had referred to. Butler: I don’t know all the things that you are quoting from from the minutes, but I can say that Mr. Wright said that he would assure the council and the community that there would be separation, but we would have to do that in conjunction with Mr. Yorgenson and Mr. Yorgenson for his part said to address the question of screening. De Weerd: That was in the May minutes. Butler: I’m looking in June. De Weerd: (Inaudible) July ones, not in the June ones. So this is testimony he had already given prior to June. Butler: Okay, and I’m looking at June minutes which it sounds like they are repeating what he must of said earlier, that we will work together. We will work together with the developer of the commercial and industrial to come up with a mutually beneficial screening to both protect and enhance the residential. De Weerd: And has he been working with the developer. Butler: He has said to me that they have talked. That he remains after those talks incredibly concerned about the buffering. That major buffering needs to be done along the periphery of the residential area. He’s also very concern about the parking lot itself and the buffering along Eagle and Fairview Avenue. He raised the points that other property owners else where on Eagle have been required to meet a 35 foot landscaping issue. It’s an area that you have identified in your Comprehensive Plan as a major gateway into the city and MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 48 wanting it to appear good. It’s going to effect his subdivision which he spent several, what he said to me was several hundreds of thousands of dollars on landscaping. De Weerd: A silly question to ask, why is it on the fourth meeting we are hearing this? Butler: I can only tell you this, I’m telling you that I’m raising some particular, procedural, legal issues. The issues on screening, buffering, things like that have been raised before. It’s appropriate to raise it whenever there is a public hearing. I’m sorry you are not—if I’d known it was the first meeting, I would’ve raised the issue. If your counsel had been here, those issues might have been raised for the commission as well, but he wasn’t, I wasn’t and the applicant didn’t raise them for you. Fortunately they have been raised and I ask you to work with your attorney to determine whether or not you can make the factual findings that the application is properly before you now, or whether or not something had to be done prior to this. Is this a regional shopping center? If so, does it meet your code? Is it a new conditional use? If so, does it meet your code? If it is a transfer, has the process been carried out correctly. Rossman: I guess I would ask that question to staff as to whether this application has been treated as a new conditional permit or as a transfer of an existing conditional use permit? If that can be answered. Borup: Staff would you like to respond to that? Stiles: Commissioners, I guess in this case, it’s almost treated as both. They could have elected to apply for the transfer of conditional use, however, with merely a transfer of conditional use, all of the exact requirements and the exact concept plan that was originally presented would now be in place for this. They were proposing modifications at the time the original conditional use permit was given, I don’t know if it required a transfer of a conditional use permit. I guess I’m a little upset too to be hearing this at this time and perhaps if this is going to be the attitude of the adjacent subdivision, then I’m all for the subdivision and all for subdivision rights, but maybe they could go back to the drawing board, they could put in a junk yard, they could put in fuel yards, motor vehicle repair, mobile home manufacturing, all those things they could put in today with no conditional use permit whatsoever come in and get a building permit. If it happens to be a problem and this is that offensive, I suggest you look at what is allowed in the light industrial zone and I think that we’ve been as fair and as conscientious as we can to the neighborhood. This commission has spent all of there voluntary time to listen to the same issues over and over and over again. I hate to be upset about it, I know it’s late to bring an attorney in here at the last possible minute when we had the owner of the development that did not go through a conditional use permit himself, come in and try to protest this is a little bit MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 49 ridiculous. I just want you to keep that in mind when you are bringing up these points. I think you are splitting hairs, there maybe a little bit of a problem with the zoning ordinance, that was in place before I came here. Unfortunately the Crossroad Subdivision was approved before I came here and had I been here, the Crossroad Subdivision would not be there today. Rossman: I guess I would follow with a further question I guess to Will Berg the clerk, how was the notice submitted in this particular application? Was their notice submitted as a new conditional use permit or was notice submitted that it be a public hearing on a transfer of an existing conditional use permit? Borup: Are you looking something up? I also have a question for Ms. Stiles. If this conditional use was transferred, would there even had been a public hearing? Stiles: I would suggest that if that’s the problem that the original conditional use permit was not transferred that they merely petition the council as they go to them, should you decide to send it on to the council, that is part of that. They also submit a transfer of a conditional use permit to be submitted at the same time that (Inaudible) before the council so that they can act on it that way. Rossman: That is correct, the ordinance section 2-418 (Inaudible) to does provide for a public hearing on a transfer before the City Council and it does not appear that it is necessary that a public hearing be held before the Planning and Zoning Commission. I don’t see any thing in that ordinance that provides that. Borup: Did your other question get answered? Rossman: No. Stiles: It was submitted as a new conditional use permit. Borup: Ms. Butler, could you maybe—you’ve said a lot of things here and I’m not sure what it is that you are asking, what would you propose that we would do? Butler: A couple of things. First, I think I will just a little preliminary statement, perhaps in defense of at least one lawyer. I apologize to the commission that you’ve heard it tonight. The applicant is represented by legal counsel as well and the applicant knows what the ordinance states and the applicant could have read the ordinance and could have pursued that. So I’m not really sure that, unfortunately you’ve had to rely on someone other than the applicant and that is where I think… Rossman: But Ms. Butler, in defense of Mr. Green I think we are all well aware of the courts difficulty or commissions difficulty or City Council’s difficulty in MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 50 forecasting legal arguments. They do need to be provided with some kind of legal arguments so that they can be adequately prepared on those issues… Butler: But to answer you question (Inaudible) as far as a solution for what we think needs to be the solution, as a I said, our client is very, very concerned about the commitments that were made to the city and to him back 1993. Borup: And we are very anxious to start addressing those. Butler: So what his… Borup: But we are still waiting so we can do that. Butler: And what he had asked that I raise with the commission as a possible solution is just that your ordinance calls for looking at logical consistency, how do these two uses buffer one another and create an overall well planned planned development and he asked that just as Mr. Wright said in 1993 that this applicant work more closely with Mr. Yorgenson. Address the buffer issue and come back to the commission or council, we think it’s the council because we think this is a transfer, but you’ll have to make that determination as to whether or not this is a new or a transfer. Work in tandem to come up with a buffering situation something that landscaping both along the perimeter of the whole site and within the… Borup: Ms. Butler are you familiar with what has already been proposed by the applicant as far as the landscaping? Butler: Yes I am. Borup: You realize, and some statements have been made about what’s already there and the proposal is about double the density of what is already there. Butler: The proposal is for I think 20 feet. Borup: Twelve, unless it’s changed. I’m sorry I’m talking, yes the distance is 20 feet, I’m talking about he spacing of the trees was about 12 feet. Butler: There are a number of things as far as the actual design and of course as you know my client works with a lot of landscape people because he is a developer himself and he is very concerned about whether or not the distance between the space. First of all he thinks 20 feet is your bare minimum for this and that you are allowed by ordinance to go to a wider width and he would suggest 35 to 40 feet. A mix that we can’t tell from the landscape plan, but more evergreen to deciduous, ¾ to ¼ staggering of those trees and clearly identified that it is staggered and that we are clearly understand what the distance are MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 51 between those trees and a better understanding of the height of the berm upon which those trees are planted and behind which they are planted and in front of which they are planted. So there are a lot of different elements of the screening that are not provided and you of course know that in your ordinance and under the planned development section of the ordinance, specifics of that are supposed to be provided with the application. We are concerned that those specifics haven’t been provided. The reason that we bring—the reason why my client is bringing this up is because Mr. Wright made commitments to do certain things Mr. Wright is gone. The reason you require such detail in the planned development, color rendering showing the adequate scale all the various landscaping and other issues is so that you know how it will be built and so you have some comfort as to how it will be built. It’s your way in your conditional use process to do what your development agreement does and annexation and zoning process. De Weerd: Which is what a site design review does. You know, I too am personally offended that Mr. Yorgenson decides to use this method of communicating with the city. In statements he made in 1993 he states he wants shrubbery, berms and a six foot fence with which he would erect or a combination there of. Now all of a sudden we are asking for the moon, what does a 35 foot buffer do that a 20 foot buffer does. You know, I am just a little bit puzzled as to what his intentions of all these things are. Why he is not standing in front of us today stating that. The developer has been working with the homeowners association which they have appointed a spokesperson for. I assume that this developer has been working with the homeowners association, we’ve heard reports on it repeatedly and still he hasn’t materialized until today. Butler: Mr. Yorgenson sent his apologies as everybody else in the room knows, he was at ACHD until one o’clock with everybody else, but the main reason he wasn’t here today was because of a family engagement, an actual celebration that he couldn’t make it here because of people… De Weerd: You know what, I have a family thing going on here too. I’m here. Butler: I appreciate that Commissioner De Weerd. The bottom line though is that Mr. Yorgenson is asking—I appreciate what you are saying—but Mr. Yorgenson is asking nothing more than asking the commission and the city to look at the facts of the previous hearings and look at the facts of the ordinance and looking to work more closely. He is very, very concerned about the logical consistency between these two portions of… De Weerd: Has he contacted the developer? Butler: I believe they have talked yes. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 52 De Weerd: Okay. Butler: So, he is asking for that, for you to just basically look at the ordinance, has it been followed? Rossman: I would ask you in follow up to that, Ms. Butler, lets assume this is an application for a new conditional use permit for a planned unit development in this particular area, what is it about Dakota’s application that does not comply with Meridian’s ordinance according to your position? Butler: There are a couple of things that I can mention and it will be up to the city to look into further, of course. But if it is a new conditional use in this area, then you’re going to have to look at what are allowed conditional uses in an industrial zone. Rossman: But I will refer you to the same provision that I referred Mr. Phillips to. 9-607 which provides the commission with the authority to provide an approval of a final development plan and that the regulations governing use, density, area, bulk, parking signs and other regulations may be accepted in accordance with what they determine to be desirable to achieve the objectives of the proposed P.D. Butler: And that’s correct. And the proposed land development that is allowed in an industrial zone is in one form and one form only. And that’s a planned development general. So you can do a planned development general and these people can apply for a planned development general and what your ordinance say is a planned development general is defined as a development not otherwise distinguished under planned commercial, industrial or residential developments and your planned commercial development says any development which a principal use of land is for commercial. Your definition continues or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and function. It goes on to say that this PD classification which is the only one allowed in industrial applies to essential public services, public or private rec. facilities, institutional uses, community facilities or a planned development which includes a mix of residential, commercial or industrial uses, so if this is a new planned development and that would be fine but if it is the only one that’s allowed in the industrial zone is a planned development general and that requires a mix of uses and so this would not constitute a mix of uses. Rossman: And what provision are you relying upon in determining that the only planned unit development allowable in an industrial zone is planned general? Butler: I’m relying on section 2-409 in which lists out both the conditional uses in an industrial zone and those permitted uses. Planned residential development is MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 53 allowed as a conditional use and planned unit development general is allowed as a conditional use. Rossman: Do you know what page you’re referring to? Butler: I can tell only that it is a zoning ordinance section 2-409 which is the list off to the side that lists the various conditional – Rossman: Under the industrial? Butler: Well I was going by all the conditional permitted uses not distinguishing between residential, commercial, industrial. As a solution because I appreciate your desire to get on with life, I think you need to understand – the city needs to know whether or not it’s following proper procedure because you don’t want to be put in a position where you’re having to get into a shouting match about it later, but as far as working together with the developer, that is what Mr. Yorgenson is asking for to bring a logical – we thought of it as a transfer. I mean because the application refers to the old transfer, we didn’t think of this as a new conditional use because as soon as we looked at the zoning ordinance it was, but they don’t fit in the zoning ordinance so why would they make the application? They’re clearly we thought trying to transfer it. And if that’s true, it was how can we work together as co-developers to make this work for each other which is what we tried to do in 93. And so that’s what we would ask that you perhaps either defer this and allow the applicant to work further with Mr. Yorgason or tell the applicant that you if this is a transfer you do need to make that application or petition to the Council and my client is very happy to work on that application and petition to the Council with the applicant. Borup: Mrs. Butler we need to wrap up your testimony but I’m still confused in where you feel that working together is not consistent with what was discussed in 93. I mean we’ve already quoted the thing. Tom Wright talked about doing a fence, or maybe a berm or maybe some trees. Later on I think was the following month in testimony says they might do a combination of some of those. It was discussed the residential development would put up the fence and leave the balance to the commercial development. From my standpoint that’s exactly what has transpired and the only thing that’s happened since the first application here is the width of the buffering has increased, the amount of trees have increased. They’ve gone staggered. I mean I failing to see where there’s a feeling of there’s not cooperation working together unless the developer not making contact with the applicant. Butler: I think that what you’ve heard from the residents here tonight is a desire for something more. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 54 Borup: But we’ve been hearing this for the last four months. You’ve haven’t been at the last three meetings so you’ve missed some of that and we’re very concerned about that and that’s why we’re spending the time on this buffering because that’s been at least my concern from the very first meeting. Thank you very much. We’re going to – I’m sorry, yes Commissioner Smith. Smith: JoAnn you made reference earlier to the fact that our Counsel may or may not have been present. Every meeting that I have ever been at, our Council has been present. I wasn’t at the last month’s meeting, but I would find it mind boggling to think that we didn’t have counsel here representing us. Second you used the word office use in reference to this development going in and some context. I would like to know if you can find somewhere where it’s expressed implicitly or implied that this development would ever contain office use. And lastly this is the fourth time this commission has heard this application. Outside of the first meeting Mr. Yorgason hasn’t shown up and now at the fourth time this thing has come before this commission, you’re asking us to continue it to allow him time to work with Mr. Durkin. I mean come on. How many times do we have to have these things come before us here? I mean yes this is a sizable development. There has been a number of concerns has been raised by the neighbors, justifiably so. Mr. Durkin has bent over backwards to meet with these folks on more than one occasion and hear their concerns and try to address those. I’ve seen changes and improvements made to these plans since the first month they were submitted and at some point in time it gets ridiculous to keep dragging things like this out and to do it just to give Mr. Yorgason a chance to meet with Mr. Durkin and work out some buffering issues between his property and the development and along Fairview and Eagle to me is ludicrous. I mean spent two and a half months on this thing already and I think justifiably so. It’s a sizable development. It’s going to impact the community for years and years to come, but from where I’m sitting the things that you are bringing up that Mr. Yorgason is concerned about is exactly what we’ve been discussing for the last four meetings, and we’ve been working towards an acceptable solution that addresses both Mr. Durkin’s financial constraints, his ability to maintain a facility to provide something that is cost effect to development as well as something that doesn’t adversely affect the neighbors to the extent possible and for anybody sitting in here to say that somebody’s trying bamboozal (sic) somebody as far as what kind of development was planned at the same time the subdivision is going in is talking out of turn. It’s just not true. The information has been there since 1991 or 93 whenever this thing came before the commission the first time. It’s piss poor planning. It stinks and I’m quite frankly I’m a little offended that we up here now have inherited this thing and we’re being made out to be the bad guys and not doing our jobs and doing bad planning. Because there’s going to be commercial development on this site. Say this commission decides not to approve this development, what you’re going to have there is strip center development. It’s going to be one property here, one property there. It’s not going to be cohesive hole cluster development. It’s going to be the same thing MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 55 you see down Fairview Avenue driving into Boise. It’s all going to be this part from each other. They’re not going to flow together. It’s going to be more detrimental to that neighborhood than what’s proposed up there tonight. I’ve listened to these neighbors for – I wasn’t at the last meeting, but the two previous meetings. I think a number of their concerns have been addressed and I don’t blame them for not wanting the thing in here. But I’m – I mean we’ve got so many things that come before us that half of them shouldn’t be on our agenda because they are not complete, but you know we have had an extra meeting every month here for the last four or five months and quite frankly I don’t think (End of Tape) Borup: Okay, just real quickly Miss Butler. Butler: Sure. Commissioner Smith, I’ll come back to your question about office use and answer that in just a second. As I think you know from other testimony I’ve ever provided to this commission, this is not an attempt to delay. It’s an attempt to bring up something for municipality. I would not raise something that’s a legal procedural issue that I thought that the city could avoid possible dragging it out beyond this time. It’s not my intent, and if I really wanted to or somebody wanted to they could not point out the procedural irregularities. And that’s partly why I do it, not for the residents and not for anybody else, but for the municipality because I feel it is a working together. And for what it’s worth. Smith: Well JoAnn I think if it was up to you, you would have been here two months ago and not been coming up here now. So my comments are not directed at you personally. Rossman: Don’t kill the messenger. Butler: With regard to office use, I can tell you that back in May of 93 it was referenced. I will say it was not raised in the Findings of Fact and Conclusions of Law and the conditions so it was only in the minutes and it did not find it’s way into the written findings so – Smith: Okay, I hadn’t seen that. Borup: But again it was just in the minutes only. It was not in the Findings and it’s not in the conditional use permit. Butler: Correct. Borup: Thank you. We would – we’re ready to take a break, but Mrs. Rogers was ready to stand up so why don’t we let her testify and then we’ll take about a five minute break. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 56 LORELL ROGER 3426 E. FLORENCE DRIVE WAS SWORN BY THE CITY ATTORNEY. Rogers: I need to clarify something for all the commissioners and especially for Commissioner De Weerd and Commissioner Smith. If you’re wondering why Ramon Yorgason hasn’t talked a lot with Mr. Durkin through this process, the problem that we had a residents was that he was the president of the homeowners association and there were no other elected officers. We got really nervous about the prospect of him and Mr. Durkin meeting and us not having a voice. And while that was not ever Mr. Yorgason’s intention at all, we asked him to please let us have a representative and to let the representative deal with Mr. Durkin, and I did meet with Mr. Durkin today with another one of my neighbors and he will concur that fact that Mr. Yorgason has told him that fact so if that clears up some of your confusion, I hope that helps. I did get a chance to read through the sound study and I would like to quote just a small section on page 11 of it and it says that we do not see any need for a sound barrier along the boundary of the property if the recommended noise mitigation measures are used to control noise radiating from the specific noise sources that will operate periodically behind the shopping center such as refrigerated truck, trailers and compactors. The point that I wanted to emphasize there it says if the recommended noise mitigation measures are used. The thing that the neighbors are concerned about is we’ve already seen through this whole process that people are not perfect, that things happen, that things go wrong. And our reason for still wanting a wall is that there is still a margin there for human error for learning curves for new drivers. These things are very difficult to enforce. Mr. Durkin did offer – he offered us his full commitment to make sure that these things would be in place but we would like that extra thing to fall back in case those things do fall. Because if any of those mitigation measures aren’t in place if some of them break down then the residents will be impacted. We were hoping that the study would show the pluses and minuses of a wall. So that we could kind of see since we’re having trouble and one last thing is that the mitigation measures, we would ask that he has listed that (inaudible) part of the conditional use permit if this is approved and there are some other big developments that are landscaped nicely. In our area the St. Luke’s Meridian and the Blue Cross administration. We kind of agreed with Commissioner Smith’s ideas about breaking up the asphalt and making the parking lot look nice and we thought that those were real good examples of landscaping. That’s all I had. Did you have any questions? Smith: Just a couple of things. I keep hearing this from a number of you out there that a wall is desired and you referred to that you would hope that the noise mitigation study would make reference to the plus and minuses of the wall and I think that the study did indicate that the wall was basically not going to provide the sound attenuation barrier that could be achieved by the 20 foot wall that’s just an extension of the building line along the loading dock. If for other reasons MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 57 the neighbors still want a block wall there, Mr. Durkin is on record as saying if you want a block wall there, I’ll build it if that’s what it takes to move this thing on to the next step so if that’s what you want then and that’s what I’m hearing you want, but be clear that it’s not going to give you the noise mitigation that you had questioned prior to the sound study being done. That’s the testimony that I heard tonight, so you could achieve other benefits from it, but noise is not one of them. So if that’s still what you want then he’s on record as saying he’ll do it. Rogers: The neighbors do still feel very strongly about the wall and like I said we are worried about these things being difficult to enforce. So I mean that is a really big concern for us. I mean some of the neighbors would also like that extra buffer to help with dust and things like that. It’s not easy for us. I’m speaking for the residents that will unify. That’s all I have. Borup: I have a question. Is the concern on the wall or the reason for the wall for the noise barrier or for the site barrier? I think it’s been established that it’s not going to be a noise benefit. But you’re saying that you would still like to have so I’m assuming that’s for the site? Or am I putting words in your mouth? Rogers: That is part of it. Borup: What’s the other part then? Rogers: We’re really worried about these things that they say they are going to enforce. We’re worried that it’s not going to happen. Borup: That was my other question. You were concerned about it breaking down on the mitigation so what specific items are you concerned about that won’t happen? Rogers: Well Shopko is going to be a 24 hour operation during Christmas time. If trucks come and I mean it is conceivable since it is a 24 hour operation, it is conceivable that there could be truck coming at 2:00 in the morning to unload. I don’t think that’s ridiculous scenario. I really don’t. You know people also hang out at movie theaters after. That’s a concern. Borup: But that’s not even in the mitigation. Rogers: Huh? Borup: I’m talking you said you were concerned about some of the items in the mitigation would not happen and that’s my question. Rogers: Yeah, the garbage service. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 58 Borup: I don’t think they mentioned anything about herding people out of the movie theater. Rogers: Okay, granted. You made your point. I was wrong. I stand corrected. Parking lot sweeping, garbage service, trucks with (inaudible) units operating, truck engines being turned off after five minutes, parking in the driveway between the residential area and the shopping center. I mean – Borup: It’s some of the usage and enforcement things that have you concerned, not that the block wall won’t get built or that the compactors are properly soundproof and that kind of thing then? Rogers: I’m sorry can you repeat the question? Borup: Well in my mind the major noise mitigation or the 20 foot barrier wall at the loading dock, and the refrigeration trucks often and the delivery door closed during the unloading, I mean those to me are major things. You know like trucks driving down there at 10 or 15 miles an hour is going to be the same noise or less than a car driving down the street in front of your house. Rogers: Well we’re just saying that this isn’t a perfect world. Things are going to break down. Indefinitely we’re going to take advantage of the commitment that Mr. Durkin made to us. We’re not sure that it’s going to if it’s going to be sufficient to provide the proper buffering that we need. Borup: Okay thank you. One other question and I don’t think any of the residents brought up and that’s on the traffic calming. I think as you are aware last night ACHD put that as one of their requirements to probably neck down or close in the entrance on Presidential. Is that you understanding? Rogers: Uh-huh. Borup: Has there been any discussion what you as the residents of the subdivision would like to see there? And again that’s not something that needs to be specifically decided. ACHD is committed to work with the developer on that requirement. I think the discussion was to narrow it down to a narrow two lanes. Beyond that there was some question of a speed bump. It was suggested by the commissioners last night that perhaps you may want to do the necking down first and then decide later if you really want the speed bump or not. Rogers: That would probably be consistent with what the residents want before we add the speed bumps in. They’re still concerned about there not being a traffic light there. I realize that’s not under your jurisdiction. Borup: The traffic light at Presidential. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 59 Rogers: Yes. Borup: But you are in favor of the narrowing of the entrance. Rogers: The residents wants something that will slow traffic down or discourage people from cutting through so that would be an option. Borup: And I think that makes a lot of sense so okay. Thank you. Did any of the commissioners have any questions for Mrs. Rogers? Let’s take a five minute recess. I think we’re ready for that. FIVE MINUTE RECESS Borup: Okay, we’d like to reconvene this public hearing. Those that want to continue to talk can sure do so but let’s do it out in the hall. Thank you. You know that in peril of getting anybody upset, I believe that we’re probably done with public testimony. I don’t anticipate that we’re going to hear anything new. I know – Rossman: Mr. Chairman, I do believe Mr. Durkin has a little more to offer – Borup: Well I’m making some comments before I move on to that. So essentially I believe we’re through. We would like to allow Mr. Durkin to summarize in conclusion and keep in mind Mr. Durkin that we do have a time limit. We would like to conclude this thing tonight if we have the time we’re willing to do that. Smith: Mr. Chairman, before Mr. Durkin starts, could I just ask you a quick question. I apologize again for not being at the last meeting and I don’t know if this was covered then but preceding that you had brought up the possibility of shifting the building that has been identified as the grocery store to the west on the site and I see that it looks like it’s in a pretty similar location to what it was prior to that. Was that ever brought up again or addressed? Borup: I believe it was and maybe Mr. Durkin could clarify that. I can’t remember if – De Weerd: It’s in the minutes. Borup: Yeah, but I don’t believe the building was shifted. I think the loading dock was. Can we let Mr. Durkin clarify that? Smith: Yeah, sure. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 60 Borup: Can you answer that first before you go into – Durkin: I will. That came up I believe at the last meeting. We’ve given it consideration and feel that with the traffic, the hours of traffic at the theater, the traffic for the – Borup: No, he was talking about just specifically the grocery store building about moving it forward a little bit because at that time – Durkin: I thought you were talking about switching them. Borup: No, that time I think the concern was about the noise from the loading dock was the reason I originally brought it up. But that was and we’ve heard a lot of other factors at this point. Durkin: That comment came up at one of the meetings. It wasn’t last meeting. It was I believe the meeting before last that came up and I think that goes in the scope of the overall noise mitigation. What’s the best thing for the neighbors. We feel that the plan that we’ve submitted with the comments, with the noise analysis, I’m not sure what to call the report that’s been submitted into evidence tonight. We feel that that’s the best thing that we can do for the neighbors. Not moving the building but to do the other matters on that report. I want to say I’ve said from the first meeting I’ve said it at the second meeting, the third meeting, and I’ve said it earlier this evening and I’ll say it again. We will do a wall along the perimeter of the property. We always would have done that wall along the perimeter of the property. I don’t think it’s the right thing to do. The noise engineer doesn’t feel it’s going to mitigate the noise, but we will happily do it. We didn’t make that commitment in an effort to “move this thing along.” We made that commitment because if that’s what the neighbors want that’s what we’ll do. In solving the noise, I don’t believe that’s the best thing, but if that’s what the neighbors want, I don’t live behind this shopping center. I live 11 miles away on the other side of town. If that’s what they want, if that’s what they feel is the right thing and if that’s what you put down as a condition, we’ll enthusiastically support that. I have a few comments on the earlier testimony. Does that answer your question? Smith: Yes, thanks. Durkin: The traffic concerns that we discussed tonight I feel that they have been addressed. Our traffic proposal our traffic plan has been approved by ACHD. The vote was unanimous with one person abstaining. There was a significant amount of testimony last night. The was a lot of give and take on our part, and I feel that the traffic to the extent that it can be corrected, answered and addressed at this point, we’ve done everything that we can do and we have the ACHD approval. The last meeting the meeting before last, that’s been a concern MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 61 how can we even talk about this any further without ACHD’s approval. We have committed to spend nearly two million dollars in off site improvements to help both the existing traffic concerns in the area and future concerns and future congestion. We have offered the neighborhood association I want to go on the record tonight. I thought maybe one of them would have gone on the record with this and I want this to be on the record. We have committed to the neighborhood association both myself and an officer of DDR Family Centers Incorporated today that we will have an owner’s representative available to attend every monthly homeowners association meeting should they desire. The homeowners association will have the name and address and telephone number or numbers of an on site management person from the day the shopping center opens. That’s our commitment not to move this along or make you happy tonight but we feel it’s the right thing to do for the homeowners. Again I want to emphasize if the continuous wall on top of the berm next to a berm and back of the berm, we’re happy to do that. But ultimately it’s going to be your decision. If you make that a condition or a requirement, we will happily do it. I’m absolutely shocked at the attorney for Capitol Developments testimony. I want to say that I take my oath seriously here. Speaking under oath has been a big subject lately in the papers. And it’s become a joke with a lot of people. My father is an attorney. Six of my brothers and sisters are attorneys. I’m one of the lucky ones out of ten children I guess that’s what they tell me. Rossman: Let me write that down real quick. Durkin: And I am under oath tonight. And I’m making these five clear statements under oath. We have met with Mr. Yorgason more than four times prior to the first public hearing on this site. Mr. Yorgason clearly stated to Tom Bauwens of my office and myself that he was meeting with us not as the president of the homeowners association but as the adjacent land owner and developer of the project. Mr. Yorgason at each meeting gave his enthusiastic support for what we were proposing. Mr. Yorgason testified in support of this project at this hearing at least twice. Mr. Yorgason’s son representing himself as an officer or on behalf of Capitol Development testified in support of this project once and in addition there was a meeting in this room attended by city staff where Mr. Yorgason and his son spoke favorably about this project while at that meeting, I believe they were acting as homeowners association representatives and they did listen to their concerns. Last night Mr. Yorgason testified at the ACHD meeting in favor of this project. He was not under oath last night, but he stated and I’m quoting as accurately as I can recall, that my only concern is that Presidential Drive will not be closed. I’d like to say quote unquote. I want to represent to you that that is very, very close to what he said. In addition following the meeting last night or possibly during one of the breaks, Mr. Yorgason came up to me in the hall at ACHD with an extraordinary level of enthusiasm complimenting me and my staff on an absolutely gorgeous project. The only concern ever expressed to me by anyone from Capitol Development Corporation MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 62 ever is that they would like to see more trees within the parking lot and according to one of the staff comments that we talked about earlier. I just want to emphasize to you that at no time ever did Mr. Yorgason, his son or other office people in their company express the slightest concern. They expressed an extraordinary level of enthusiasm. I would ask you at another meeting I asked you to ask people to identify the realtors. There was a legal discussion. Some of the commissioners said no, that’s not an appropriate question. And I just want to ask that you ask Mrs. Butler I believe her last name is if she’s representing any other party either for a fee or not for a fee that’s she’s providing any advice or counsel to any of the other parties other than Capitol Development because I testified to you tonight under oath her testimony which I assume was under oath is absolutely 100% inconsistent with everything that we’ve ever been told both on the record and off the record. This is our fourth public hearing. The meeting before last we had concerns that I frankly can’t bring to mind right now, but we deferred the meeting while we took a month to address those concerns. Several weeks ago we met and the concerns that we left with at the end of that meeting were traffic and noise related. I have tonight here a traffic engineer who spent an incredible amount of time and effort for you and for the people in the audience and the adjacent property owners and for us. He’s been directed to give honest accurate advice and has testified under oath. I have a sound engineer from Portland, Oregon. We hired him, never done it before. I’ve never seen it done before in any other project ever in the United States that I have been involved in, but we did it because you asked us to and you said it was the right thing to do. He’s done an analysis and we presented that to you. I brought tonight a landscape architect and engineer of the Land Group Engineering Firm and is able to answer any questions. I did not bring our attorney, Keemer Green, with us tonight because I did not know that it was going to turn into a legal discussion. I ask you not to defer this for another month. By the time we’re finished I’ll have the entire side of the room with our experts. We’ve done everything that we can and if there’s going to be further legal discussions, which I presume that there will, I don’t that this is the proper form to handle them. So I’m asking you based on our application based on the commitments that we’ve made to proceed with this application and the legal matters will have to fall where they fall. I’d be happy to answer any questions that you may have. Borup: Any questions of Mr. Durkin at this point? Smith: I don’t have a question of Mr. Durkin, but I would like to ask a couple of questions of Mr. Koga if I may at this time. DAVID KOGA WITH THE LAND GROUP 8840 KIOWA DRIVE BOISE, IDAHO WAS SWORN BY THE CITY ATTORNEY. Smith: Okay David, two questions I got. These colored documents that were prepared by your office that shows cross sectional views and areas behind the MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 63 on the berm behind the shopping center, there’s a 20 foot wide landscape buffer with a three foot berm and then a five foot berm at the area behind the grocery store which would raise the berm to five feet above grade. There’s no block wall indicated here and previously to do this we had got a sketch that showed a 60 foot buffer zone which showed kind of a block wall at the top of the berm and then kind of meandering sidewalk. It seems like to me that – Borup: You realize they were both not from the same individual? Smith: This is from – oh, oh, okay. Sorry. Where I’m going with this is we’re looking at 20 foot wide buffer zone. If we were to put in a block wall at the top of the berm, it seems to me that we’d be creating a place for kids to go back and drink beer and smoke cigarettes and raise more hell than you would want to deal with for the neighbors back there and so I’m wondering your recommendation if we’re going to put a block wall back there, would it be best to put it on the property line as opposed to the top of the berm and pluses and minuses because I think that that is something that is going to be brought up here later and I want to make sure that we ask for it in the right place. Koga: I would think for both the applicant, the developer and for the homeowner that that wall should be more not so much right on the top but offset on the property line. The reason why if I was a homeowner in one of those homes, I don’t know if I would want to just see a stark bare block wall down there so if you use some plant material and break it up on both sides, it will be more aesthetics. The draw back on that would be number one if you don’t put that berm right on the tippy top you might not get as much height as possible, but as mentioned earlier, that block wall did not affect the noise factor. It would only affect just the vision barrier if you may and the height of the trees would take care of the visual more than the block wall. Smith: Is the landscape plans that were submitted here, is this what you are going to install the landscaping based on is these particular plans, or are you going to do some modification and show actual? Koga: They’ll be our requirements when staff does the design review, there’s more detail involved, just like more details on a building or the parking lot or things like that at the same time we do a lot more details on the planting. That was as it says on there, it’s a landscape concept take into account of to define the landscape areas take into account the percentage of landscape at the site and also even more important how many trees are provided on the site. Smith: And that will take care of the appropriate spacing and staggering that would achieve the visual things that it’s intended. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 64 Koga: One thing to bring up is the fact the applicant decided to go with the 20 foot width around the perimeter. It provided us more area to stagger the trees throughout the perimeter. Smith: Okay, then the parking lot landscaping I think that we’ve asked for and staff has asked for a break up of some of these large asphalt areas and to put trees in those locations and I hate to be too specific with that because then I tie your hands as far as being able to do your thing and be creative and come up with a good design solution. I think we’re going to be moving in that direction as part of our discussions as far as what we want to do there, but do you have any – I’m looking at big seas of asphalt there and I know that maybe just spacing them out an individual tree at regular intervals may not be the best way to achieve the break up of the expanse of asphalt. Do you have any thoughts on what might work best and Mr. Durkin has brought up concerns about snow removal and things like that so given all those perimeters. Koga: And that is a good point, the snow removal. He’s probably concerned that it’s a lot easier to do snow removal and cleaning the parking lot easier if there’s less islands in the middle. At the same time when our firm was brought in to design the landscape, the planting design on that, there was no islands designed by the architectural firm. Since then and as note in the site conditions where it mentioned a required I think it says 150 feet spacing from landscape to landscape area. The applicant has agreed to comply with that. And that at the same time will give us some latitude on the best location for those islands. Borup: Just a clarification. I think that was one of the items the applicant did not agree to yet. You did? Okay, we’re glad to hear that. Smith: That’s really all I had was those areas there. Borup: I had that marked as one that was still up for discussion, but I do have a question – I’m sorry commissioner – Smith: I’m finished. Borup: Do you have anything Commissioner De Weerd? That means no. Mr. Koga question on the again the wall on top of the berm. What effect would that have on the amount of trees up there, the density of those trees, especially from I guess I’m figuring probably with the wall in there the trees are going to have to be planted away from that wall so you’re not going to be able to get the trees on top of the berm which would be reducing the height and I assume you are also going to need to plant those trees further away from the wall so it’s either going to reduce the number of trees or end up with a row and not the staggered effect; is that true? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 65 Koga: That’s part of the key thing right there. If we put that wall on the top we’re going to split that 20 feet wide. It’s going to be 10 feet wide and it’s going to turn into more of a row so we will definitely be limited on the staggering effect which is going to be a lot more pleasing to the eye and that’s why I come back again that it would be nice if it’d be more offset instead of on top of the wall. Borup: So if you offset it and get it down you’re talking maybe a wall might be a foot above the existing wooden fence. Koga: (Inaudible) has not been discussed with the applicant, but this wall does not have – we do not have to have a typical berm with a wall. Maybe we could just have the berm slope up and then have a wall even more on the staggered effect something like that to break it up. Borup: But is that going to also reduce what’s going to do to the amount of trees and the tree spacing? Koga: I don’t think we’re ever going to have to worry about reducing the amount of trees. It just affects the spacing. Borup: Thank you. That will be all then. I think what I’d like to proceed with here and maybe a little bit different than what we typically do, but because of the extent of this application prior to closing all public testimony I’d like to open up for discussion with the commissioners. The reasoning behind that is and it may not but in the discussion if I anticipate we could maybe have questions from someone either homeowners in the audience or any of the expert witnesses or Mr. Durkin. That would allow us the opportunity to consult them at that time. So commissioners anything else you would like to add? I would like to see us move towards a motion here tonight. In my mind I think that motion is going to include a lot of conditions and so I’d like to maybe go into a discussion of some of the items that you feel would be pertinent to have as those conditions. And perhaps we might just if that sounds like that would be a good way to proceed. De Weerd: Would you like to just hear my list and then we can talk about it? Borup: I think that would be a good starting point. And you know a couple of other – and I don’t know if this is the time to bring that up. Maybe it is before we get into those. Tammy I know you’ve spent some time driving around the city looking at other shopping centers, specifically the back of the other shopping centers. De Weerd: Very interesting driving. Borup: Any comment you would like to make on some of your research? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 66 Rossman: Now just a minute. Let’s not get into testimony by the commissioners about ex parte viewings of other shopping centers. If we want to discuss a particular application and the testimony today, that would be more appropriate. Borup: Okay, let’s go to your list then. De Weerd: Okay, and feel free comment on any of these. And I wish Mr. Durkin was here because he may want to comment on some of these too. In response to – I have made phone calls to kind of substantiate my request so I can’t talk about them, so I guess I have to start somewhere. I would like to see – Borup: Do you have a nice concise list? De Weerd: Yeah. Borup: Okay, let’s just start with that. Number one. De Weerd: A minimum of a six foot wide planting islands that are in the project wide. Borup: Throughout the parking lot. De Weerd: I know a concern was the health of the plantings within and I’ve been told that with the minimum of a six wide planting island, you have better success at keeping plants alive and having nice looking islands. We’ve already talked about breaking up the sea of asphalt at 150 feet so now that he’s agreed to that, I would like to make that a condition and have staff authority to approve the location and designs of those plantings. I would like a minimum of 20 foot berm on the property on the perimeter not including the sidewalk and not including the right-of-way. So – Smith: 20 feet wide? De Weerd: Yeah, a 20 foot berm. Borup: You’re saying along Fairview and Eagle. De Weerd: Yes. How high? Smith: Yeah. De Weerd: Well do I need to state how high? I would hope that they could work with staff on those things unless we’re suppose to be specific. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 67 Smith: Well then we might need to get Mr. Koga up here again and tell us it’s too high. Let’s not be that specific. De Weerd: Yeah, I think – Smith: We’ll rely on staff’s judgment that it’s not just a little bump. De Weerd: Yeah, but probably no less than four feet three to four feet, two to four feet. Borup: I think from previous testimony three feet seemed to be the optimum without getting too steep for run off. De Weerd: You know but if you do look at along the corridor there with some of the berming with Blue Cross, with Fred Meyer, those are all higher than two feet. Borup: Fred Meyer is? De Weerd: Oh, yeah, Fred Meyer is – Smith: Fred Meyer is why too steep though. De Weerd: On Locust Grove, but on Fairview it’s nice. So anyway leave that for them and if they are to use the right-of-way that they obtain the license agreement for landscape encroachment from I.T.D. and ACHD. I guess we have to discuss the buffer. You know I just have a hard time requesting someone to put in a masonry wall when the whole reason we were looking at a masonry wall was because of the sound buffer, and I know from the professional that we heard today and from some of the phone calls that I’ve made that that’s not effective. It’s more necessary that we have – Rossman: Hopefully relying on the testimony today. De Weerd: Most definitely. Rossman: Okay, thank you. Smith: I think the other reason – there were some other reasons for the masonry wall and I think one of them was security. At least from my standpoint it was and durability versus the wood fence and I know Mr. Durkin had another opinion of that, that was another reason for asking for it. De Weerd: I also believe there’s a security issue if you’re going to create a pocket. And if you’re going to put a fence on top of the berm, you’re going to MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 68 create a pocket between that fence and the property fence and I think we’d be doing the neighbors a disservice by creating that pocket. Smith: I agree. And that’s why I wanted Mr. Koga to talk about where the best placement of that wall would be. Given the fact that we’ve already had testimony that it’s not going to give us a sound attenuation benefit, therefore, the residents had stated I believe the last person that talked was talking about drivers running into the fence or something along those lines. There are security issues associated with it. So it could go right behind the wood fence, you know, right next to it, on the property line replace the wood fence. I don’t know. I don’t know if we reference that again, the placement to be reviewed by staff and then the height of it is also an issue. If I lived there I wouldn’t want more than a six foot high block wall there and having lived in Las Vegas 11 years where every damn piece of property is surrounded by a six foot high block wall, I hate them and these yards are much larger than the yards down there, so they’ve got a little leeway, but six foot – I don’t know who came up with this magic number of six foot, but I guess it’s head height the average person. The neighbors made it pretty clear they want a block wall around the periphery. Mr. Durkin is on record as saying he’ll put one there. Let’s let the landscape architect have some latitude to do what he’s trained to do professionally and put it in the place that works the best from a design standpoint of the other things we’re trying to achieve with the berm and the landscaping and staff review it. Borup: Are you saying you think the wall can work in aesthetically with what they’re trying to accomplish? Smith: It can. But more importantly the neighbors want it and Mr. Durkin has agreed to put it in. If that makes them feel better about this thing and alleviate some of their concerns not being noise not being one of them – De Weerd: Okay it’s defining what it is. Is it a ten foot block cinder wall? Is it a three foot retaining wall with a wood fence on top of it you know what is it? Smith: I don’t have landscape as part of title. It’s architect. Borup: I’m still looking at the conceptual plan they gave us on five to seven years. And that’s a very dense growth there. We start cutting those trees back, have them in a straight row and stick the fence in there. It may get the wall but it’s going to be ugly. De Weerd: I think right now we’re talking about having the wall next to the fence on the property line. Smith: If I was (inaudible) that’s where I’d put it. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 69 Borup: And what does that accomplish? De Weerd: Well what does the wall accomplish anyway? Borup: That was my question. De Weerd: Commissioner Smith? Smith: To me masonry is more durable than wood. You drive all around the valley, you see all these dilapidated wood fences falling down and I don’t have experience with masonry walls out on site in this climate although I did down the southwest so I can’t testify to the extent of their deterioration over a period of ten years, but it seems to me that it’s more durable and you just don’t bust through it with a vehicle or kids can’t push through it and it’s going to stand up there longer than a wood fence. De Weerd: Now are we talking about a car driving through the fence when it’s bermed and has trees at 12 foot intervals? Smith: You don’t drive to work to Boise every morning do you? Like I do. De Weerd: How about a different type of fence? Smith: I’m trying to respond to what I’ve heard the neighbors ask. De Weerd: And I also heard someone who said she doesn’t want a masonry wall in her backyard. Borup: And some of them want a 11 foot wall on top of a ten foot berm. De Weerd: Now can you say you want a wall and just let staff design it? Rossman: No, absolutely not. Smith: What I’m saying is let’s request that a block wall be a part of the conditions if that’s where we end up going with this thing and allow the landscape architect a chance to use his training and expertise in figuring out where it’s suppose to go and what the height is and let him do his job. De Weerd: Well we do want specifics and I think Mr. Durkin – (inaudible) MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 70 Rossman: Unless you want to continue the public hearing, you have to either grant it with conditions or deny. You can’t leave it open for review with staff. Obviously – De Weerd: Right, so I would like to hear from Mr. Durkin. Borup: Let’s see if there are any other comments on the berm first. De Weerd: Before we get passed this fence though. I would really like – (Inaudible) Rossman: Mr. Durkin is antsy to make statement. Borup: Mr. Durkin. Durkin: As a condition of approval, we have to install a wall. We have to install a six foot masonry wall. Borup: You’re saying you would like that as a condition of approval? Durkin: I would. However the precise location that’s on the one side of the berm, the middle, the top, close to the fence line. I don’t believe it’s – I believe that the homeowners association needs to gather the thoughts on it. So my suggestion is that you make it a condition of approval that we install it and that the precise location be a result of a meeting between the land group and a fair number of representatives from the homeowners association. De Weerd: And staff. And you might include the police department in there if you’re going to put it not against the property line. Durkin: I think that that’s acceptable. A wall has to be installed and we agree to put it (End of Tape) Durkin: …agreeable to those people. They are the affected parties. Borup: So far no one said it has to be installed but you. But we rely real heavy on what you say. Durkin: I want you to know that you have not said that it has to be done. I have always said that I would be happy to do it. Not happy to do it, that’s misstated. I want to be true and accurate tonight. I’ve always said that I would do it. I’m under oath. I’ve always said that I will do it. But I have with meeting with the homeowners association people, I realize that it’s critically important and an emotional issue and I believe there’s two members of that association here MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 71 tonight that feel that they are under a tremendous amount of strain. Tell me put it here, here and here. What’s going to make them happy? 99% of the general public is never going to see the wall. They are and I just think that I will commit make it a condition of approval and install one. Precise location to be approved by staff as a result of a meeting with the land group and I would say ten members of the homeowners association and that has to be done prior to opening. De Weerd: Can we be that vague? Borup: I don’t think it’s that vague. Smith: I don’t think so either. I think that’s perfectly acceptable and that’s what I was trying to get at with my – Borup: That’s putting a wall and a 20 foot – you only got 20 feet to put it in so I don’t think it’s that vague. Durkin: You could also be specific. I have to put it along the property line. Unless staff, the land group and ten homeowners association representatives agree that another location is preferable. De Weerd: But we’ve already been told we can’t require you to work with all those people. Durkin: I’m not going to work with them. The staff is. That’s why – take me out of the equation. Put a licensed expert in there. Rossman: So you are saying Mr. Durkin that you will agree to a condition that a six foot wall will be placed in this particular area or in a particular location to be designated by staff. Durkin: Actually I like my second idea better. I think that you’re right about being big. I think you do have to pick a spot. So I think you should say a six foot masonry wall should be installed either along the property line or the parking lot. The location can be changed upon an agreement between ten representatives of the homeowners association, a representative of the land group with the approval of staff. I think that that is absolutely nailed down. It commits me to build it and the final location is going to be approved by the people that are relying on it. Rossman: That’s fine and that takes away the subjectivity and the discretion and the arbitrariness of prior proposals. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 72 Freckleton: Mr. Chairman, if I might make a suggestion. If it is your desire to move forward in that scenario, I just might propose that some how we get something in writing from the homeowners association as to what they’ve resolved prior to this coming back before you on I believe it will be the 13th of October. Borup: You’re assuming if we have Findings prepared. Freckleton: Yes, sir. Borup: Okay. Freckleton: But I would just think it would help us, it would help you if you had something in writing from the homeowners association and Mr. Koga a direction to go on that. Smith: Will that give you enough time? De Weerd: Well before City Council gets it. Borup: Mr. Durkin, I had a couple of questions probably pertaining to the berm, but to clarify you say that does not give you enough time? Durkin: Well it doesn’t matter to me. Borup: That’s what I thought. Durkin: Commit to it tonight so I’m not worried about my time. I’m worried about the homeowners association. Borup: Okay, and we’ll clarify that later. Durkin: The land group gets paid by the hour and they can do it all night long, so it doesn’t matter to me. It doesn’t matter to Larry Durkin. Borup: Okay, I understand. Durkin: But I think a reasonable – I think a significant amount of time should be allowed because they don’t really have a formal corporate structure from my understanding to their homeowners association and I think that has to get in place and they have to get representatives and – Borup: I just wanted to clarify a couple of other things on the buffer berm. Are we still talking three foot berm, I assume, except I mean we’re still talking everything else as was presented previously as far as this same buffer? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 73 Durkin: On the back. Borup: Yes, on the back, we’re talking the buffer between the subdivision. Durkin: Yes. Borup: Okay, and it was proposing three foot and then are we still looking at the retaining wall with the five foot wall at the grocery store then? Durkin: No. Borup: That was after the – Durkin: That was just one our numerous suggestions that was in lieu of a wall on there. Borup: That was in lieu of a wall. Okay, that’s what I wanted to clarify. Has there been any discussion at all on changing the mix of the trees? Would you have any problem with that? Durkin: No. Borup: Okay, thank you. Durkin: I do have an answer on that berm on the perimeter if anyone is interested. It’s a rolling berm depending on if it’s sod or if it’s a planting area. And it goes from a four to one slope for a sodded area of that perimeter berm at four to one for the sodded area. (Inaudible) Durkin: All right, so it’s kind of a rolling, you know, it isn’t just a straight shot. Borup: Thank you. I’d like to keep this while we’re still on the berm. Is there any other questions on the berm? I mean our buffering thing on the subdivision or any other comments? De Weerd: Well it still needs to be stated it has to be a 20 foot landscape berm. Borup: Yes. I’d like to have Lorell Rogers come up. Just a real quick question. LORELL ROGERS MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 74 Borup: And that’s on the time frame that you feel the homeowners association would – I’m assuming you still want the fence, the block wall. Rogers: Masonry wall. Borup: That’s still what the homeowners would like. How much time do you feel you’d need to decide on a location that would be acceptable? Or have you already discussed that enough that you could give input tonight? Rogers: We were kind of hoping we could discuss that with Mr. Koga at the meeting. I mean we could certainly come to the meeting with an idea, but since he is a landscape professional it makes sense for us to consult his ideas about this. Borup: I think that makes sense. Rogers: We will have ideas, but I do think we should call on his expertise if we’re going to meet with him. De Weerd: I have a question too. Borup: Do we have a time frame established? We do not have a meeting time established yet do we then? I’m going back to Mr. Freckleton’s comment is if we could have something in writing for us to review, it won’t be public testimony, but we could do it I assume in like a design review aspect. Smith: I think what Mr. Freckleton was referring to is that they had met and come up with an acceptable location for the wall. Just a letter stating same from the homeowners. Freckleton: Yeah, I think we need to have something in writing from the homeowners association that they’ve reached a consensus on that and – Borup: I was trying to establish a time frame. Freckleton: Right and along with that I would like to have some date certain that we can expect that. Rossman: Yeah, and from a legal standpoint, let’s leave the discretion out of there. Let’s leave the reference to agreements out of there and let’s just say if you’re going to do it, you’re going to grant a condition, make the condition that a wall be put in one of the two locations within an “x” amount of time we receive notice of where that location is. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 75 Borup: Is prior to the 13th enough time or do you feel you need more time than that? Rogers: Prior to the 13th should be okay. Borup: Does that work with Mr. Koga? Okay, thank you. That was all. De Weerd: Can I ask her really quickly you saw this conceptual drawing. Rogers: Yes. De Weerd: If you have this three foot concrete wall and the five foot berm as it’s drawn here for your whole buffer rather than just in front of the grocery store and not have a masonry wall, would that be satisfactory? Rogers: The neighbors want more than that. De Weerd: They want a masonry wall. Rogers: To be honest with you, yeah. De Weerd: They have one, but not in their backyard and it’s three foot there. Rogers: They want a taller one. I’m trying to confer to you honestly how they feel. That is how they feel. Borup: And I would just maybe admonish you to discuss that with the landscape architect and what the aesthetics are going to be with that wall in there and I mean it looks to me like and I think if we’re honest with ourselves we got to rely on the experts and it’s been conveyed that the noise reduction is going to be minimal if any from the wall. So that leaves us the visual aspect and so that’s what you got to be taking into consideration. Rogers: That’s why the homeowners had discussed not just gray flat, you know, a textured brick something with color on it. That sort of thing was what they were after. Borup: And I am repeating myself but the wall there if it’s in the middle is going to prevent trees from growing. So it’s going to reduce the amount of those. Rogers: That’s why we would like to – Borup: Discuss the location. I think that’s good. Thank you. Let’s go on with your next item. Tammy do you want to continue on with your list? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 76 De Weerd: Yeah. Borup: I’ve got that was number five. De Weerd: We would like to have a site plan review of future buildings. We have one on Shopko but nothing on anyone else and that’s something that we do with staff. Borup: You’re talking essentially a design review? De Weerd: Uh-huh. Borup: What do you mean by we? De Weerd: Planning and Zoning. Borup: You’re talking the Commission? De Weerd: The Commission. Like Shari did with the furniture store. Borup: And you want to limit, you’re talking about the buildings? De Weerd: Uh-huh. Borup: How about the parking lot landscape design and the other designs? De Weerd: I think the parking lot staff, I mean unless Shari wants us to be involved in that. I don’t have any desire to. Borup: Commissioner Smith. De Weerd: Oh, I have no outside speakers? Borup: No, on this same thing if Commissioner Smith had any comment on the design review aspect. Smith: No, I think I’d like to see us have that. Borup: Well no her proposal was just on the buildings, not on any of the landscaping. Smith: All future development associated with the phasing build out of the center. Borup: So you’re limiting that to the building? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 77 Smith: No, all future development. Landscaping, parking lots, buildings. Borup: Okay and as I understand as a design review, it’s not a lengthy process or public hearing just for us to take a look and review it. I don’t think that’s something that would need to extend or delay anything for the applicant if it’s to us in a timely matter. De Weerd: That the agreed upon buffer be put in first before construction on the site. The landscape strip. Borup: Are you talking the buffer? De Weerd: Yeah, haven’t we been talking about that a lot? Borup: Well you just mentioned landscape strip again. De Weerd: Okay the landscape buffer to be installed as first step of development and complete in full prior to first building permit. Borup: Any comment Commissioner? I’m not sure if that’s practical from a construction standpoint. You’re talking about having the trees planted and a sprinkler system, watering system in place and all of that? De Weerd: Uh-huh. Smith: I would feel that it may be more reasonable to have a phasing plan submitted to City Council and then that prior to each construction in each phase commencing that the periphery landscaping between the subdivision and the center development is in place. De Weerd: But then you have different heights and sizes of trees along the property line. Smith: That’s what makes landscaping so neat. De Weerd: Well yeah, but one neighbor probably wouldn’t agree with you. While the neighbor that gets it would. Smith: I guess the disadvantage you have here is you don’t whether this is proposed to be constructed over four phases, two phases, eight phases. De Weerd: Well it takes away the guess work. Smith: Maybe Mr. Durkin can address the phasing aspect of that. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 78 Borup: (Inaudible) Smith: We can get an idea there that you’re not so concerned about it being so piece meal. Durkin: Mr. Smith I guess you know this is a big project and some things get overlooked, but it’s our intention and I’m certainly willing to make it a part of our conditions. But it’s our intention to install the landscape perimeter from Presidential north to the corner and all the way to Records. That would the first – we’re not going to build all those buildings at one time, but we think it’s important to put all those in at one time. I want to caution you the practicality of installing that buffer and having the buffer be viable at a too early date. All along that property line, I’ve got an irrigation lateral that we have to enclose so that’s really starting construction. Some of the materials on site, I’m getting the top soil and dirt on site from scraping which I need to have a building permit for and I’m not – it’s a balancing of the site to accommodate that berm and – Smith: Can’t you just do that with an excavation permit? Durkin: I probably could. Borup: Yes, you can. Durkin: I don’t know if it’s a practical way to do it Commissioner. What you are doing here is getting into an area of construction that it could affect the viability of the buffer and then in addition I need water to it and power to it and to piece meal that it may not be practical. I think that it’s a suggestion would be that it be done prior to an occupancy permit, you know, prior to an inventory and the stocking and hauling in the – you’re going to have some noise when there’s all the inventory and all that starts arriving, but from a practical standpoint that requirement is going to be extremely difficult to live up to. Borup: And that was my concern from a construction standpoint. Smith: Yeah, I think maybe we just got hung up on semantics here a little bit and I don’t feel that it would be a problem to issue a building permit say the first building that we had before us here is the Shopko to allow that to commence construction while in the meantime the buffer is going in between Presidential and Records, and I think that that’s a lion’s share of that whole buffer there and the chunk to the south of Presidential and the piece to the east of Records is – they’re logical places to provide a demising line so I think that would work for me if we state it that way. Borup: What that it would be prior to what time frame? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 79 Smith: The occupancy permit. (Inaudible) Borup: In the process of construction that’s the normal time because you’re moving machinery around and having things in place of just getting the dirt there to build the berm. It has got to come from the site and it’s going to come from when they are cutting up the roads and parking lots and pads for the sites for the buildings. Smith: Right, and I am not going to put words into your mouth Commissioner De Weerd, but I think your concern is that we don’t allow them to start occupying buildings and start building second and third and fourth buildings before they’ve started or completed this buffer. In this case what we would be allowing them to do is commence construction activities but not occupy a building prior to that -- Borup: You know one thing that may work if the masonry wall is against the property line against the fence, that is something that could probably go in first. Freckleton: Mr. Chairman, I hate to raise this point, but something Mr. Durkin said reminded me of something. There is a lateral that runs along there. I believe it is under the jurisdiction of the Nampa Meridian Irrigation District. They have some pretty specific rules as to what you can do above their laterals as far as plantings. I don’t know if anybody from their design team has addressed that issue or not but we’ve had some issues in the past with planting trees. They’re just not permitted within the area of a piped ditch. Borup: Mr. Freckleton do you know the size of that lateral easement? Freckleton: I don’t, not off the top of my head. Borup: Does anybody in the audience? (Inaudible) Borup: No, no, I’m talking about the specific size of the easement and that’s going to need to show on the plat, not how long or where it goes. No, it’s not shown on that. Did Nampa Meridian address that in your comments? That was clear back in July I believe. Well that easement there could affect the wall. It could affect the plantings which may move that further to the west. Mr. Durkin did you have any information at all on that lateral? Durkin: Do I have any information on it? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 80 Borup: On the lateral. Durkin: Yes. Actually we’ve had a meeting with the Nampa Meridian whatever the name of that entity is and gone over the site plan with them. They want us to enclose the lateral. They’ll allow us to move it. Their preference would be to have it more out at the base of the slope. They don’t want it under a giant berm or wall so we would probably move it out closer to the edge of the parking lot. There would be an enclosed pipe review the plan – Borup: To the edge of the parking lot did you say? Durkin: Yeah the edge of the berm. Borup: Okay, so it would be on the store side of the berm or the building side of the berm? Durkin: Yes away from the residents. Borup: Okay and no concern with them on the asphalt or anything else over the top of it. Durkin: They have the right to come in and tear it up any time and fix the problem and then say see you later. Borup: Does that express your concern, Mr. Freckleton? Freckleton: Yes, it does. Borup: Okay good. Thank you. Well when we left off talking about construction of the berm prior to start of construction was how you worded that I think. Did we clarify that enough? De Weerd: Yes. Borup: And so – De Weerd: Did we Shari? I don’t know. I got lost. Borup: I think what we discussed about was that would probably be -- I mean in my mind from practical from a construction aspect with everything else that needs to be in place to do that. De Weerd: If and when they decide on that wall, the wall has to go in first. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 81 Borup: Assuming it’s not on the berm. De Weerd: Assuming it’s not on the berm. If it’s on the property line that the wall go in. Borup: Do you want to make that part of the proposed motion to start with? I think it was discussed that we need to do that anyway. When you specified the location of the wall subject to being moved by the homeowners other decisions so are you proposing to maybe include that in? De Weerd: Yes. Borup: So the wall on the property line and built – De Weerd: If the decision is for the wall to go on the property line, that the wall go in prior to the first building permit and then the berm can go before the first occupancy you know permit. Borup: And I’m not sure how practical before the building permit is. De Weerd: Well these people are concerned about noise and dust and why are we putting up the wall if it’s not suppose to do something? Smith: Because they want it. De Weerd: And they want it for that reason. Smith: I don’t think we can prior to the issuance of a building permit. Is there some type of – there’s a permit required to tile the ditch isn’t there? Or some kind of authorization – Borup: Mr. Durkin another question please. De Weerd: Well can’t we ask Shari? Borup: Well what do you feel is the earliest possible point to be practical to put that wall in? I know it’s a difficult question. Durkin: It really isn’t difficult because we have the whole schedule. I guess I really want to stress it’s – Borup: I’m not talking about the berm. We’re talking about the wall if it’s on the property line. Durkin: If it’s on the property line the earliest I would say would be June 15th . MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 82 Borup: I’m sorry I’m not talking about date, I’m talking about in the construction schedule. At what point would the – Durkin: About the same time that the masons would begin the masonry work on a building. Well in advance of that you are going to have earth movers and you’re going to have dust. Borup: And what would prevent the wall from going in sooner? Durkin: Because as part of the earth moving process and the scraping of the top soil, part of that when you have that phase of construction going on, that’s and prior to them turning on the irrigation we want to get that pipe done so we are going to be under construction balancing and grading assuming everything continues. Borup: Well – Durkin: Prior to them turning the water on. Borup: But the grade is not going to change at the fence line is it? Durkin: I don’t know. I can’t answer that tonight, but you are putting a requirement on me that’s very – Borup: Well it can’t change very much without a retaining wall against the neighbors’ property. Smith: There’s a lateral there that requires tiling and filling then that could affect the grade there. Durkin: (inaudible) with this issue and you’re asking me to do something I can’t do. So I’m asking you to somehow to get out of your area to a staff level or something because – Borup: Yeah, I think at this point of discussion is when some type of separation could go in. Durkin: If I have a six foot fence block wall along the wooden fence and I have earth movers and D-9’s or 10’s or whatever is out there and back hoes there’s no chance that that wall is going to stop that noise. Or the berm for that matter. There is going to be a ruckus in construction. Borup: So you’re saying it would be practical to do it to the time that the block masonry construction starts on the buildings? MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 83 Durkin: Mr. Chairman, there really isn’t a practical thing. It’s something I can expedite just a fast as possible. But I need to start the Shopko store in December, January. And I can’t get that ditch relocated cleaned, relocated and get the block wall by that time. It’s going to be a real challenge for me to meet that will delay the project 12 months that condition. I couldn’t foresee a circumstance that that wouldn’t be the case. Smith: I don’t see any benefit of having a six foot high block wall next to a six foot high wood fence that that’s going to provide any additional benefit to having that in prior to beginning construction. Borup: Okay, I think I agree with that. Okay, Tammy let’s go on. De Weerd: Also to incorporate the summary of Findings from the study from the noise study into our conditions. Borup: Specifically 1 through 8. De Weerd: Specifically 1 through 8. Borup: And then clarification on four. Four was either or type of thing. So is your recommendation for the 20 foot high wall rather than – De Weerd: You can change that or to and. Borup: I think that would be good. So you’re saying 1 through 8 with substituting and for or for the 20 foot high barrier. Rossman: Which and for or are you referring to in paragraph four? Borup: Third sentence, third line. It’s on page two number four, third line. The refrigeration unit on a refrigerated trailer is parked on the truck dock of the building one be a proposed grocery store should be turned off after the trucks are parked or a 20 foot high barrier higher should be constructed along the side of the truck docks. And the applicant has always said the 20 foot wall there will be put in so we’re saying delete the or and say the wall will be put in. Is that fair to say what we’re – okay. Number five says the same thing. De Weerd: Yeah, change or to and. Borup: Okay, number 9, is that what we’re down to? On your list number 9. De Weerd: Yeah and to abide by the terms and conditions of ACHD that they impose. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 84 Borup: Okay, that’s – Smith: Including but limited to a road linking Presidential Drive to Pine Avenue at the time the – Borup: Yes because I don’t think ACHD had that as a requirement, but the applicant said that they would be doing that. Is that what you’re saying? De Weerd: The temporary access? Smith: Just make sure that that’s part of it. Borup: Okay, while you’re on the ACHD did you how about the three recommended conditions for the City of Meridian? The three conditions that was recommended that Meridian would impose. Are you including that in there or are you wanting to look at those as a separate item? It was specifically talking about the referred to as the ring or frontage road and then the other two were on ride sharing and – De Weerd: Oh yeah. Smith: Yeah, I’d like to include those. De Weerd: Yes. Borup: I guess I wonder if we need more direction on item one on that on the frontage ring road especially after hearing a little bit from the traffic engineer if it’s accomplish anything to run it clear to the corner or not. I think everyone agrees that it does when it gets closer to the exits. I mean do we want to clarify that or are we saying a full length frontage road? Or do we want to modify that with – De Weerd: Well wouldn’t that be something that staff works with the applicant and we’ll see it in design review. Borup: That’s what I was going to say. A minimum of back a distance to properly be able to empty the parking lots and then review that in design review. And I think the highway commission kind of clarified the other ones that if there’s not a program available we can’t require them to participate in it. But that was changed from the previous. De Weerd: You know a lot of this is included in the testimony, but lighting by review of staff and approval. Signage, he talked about restricting trash and sweeping. I guess trash was addressed as number 8. Sweeping I don’t believe was in there. I know it was discussed though. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 85 Borup: Yes, the applicant testified to 7:00 in the morning until 3:30 or 4:30 in the afternoon. The sweeping would be restricted to those hours. De Weerd: Restrict loading times the times that he suggested. I believe they were 7:00 until 3:30. Smith: 7:30 to 3:30 I thought. De Weerd: Except for the grocery store which is 5:00 to 3:30 I believe. Was that 5:00 a.m.? I can’t remember. Borup: That I don’t remember either. De Weerd: It’s 9:00 a.m. to 2:00 p.m. for non grocery and 5:00 a.m. to 2:00 p.m. for store receiving grocery items, which is just the grocery store. Smith: Getting back to signage, isn’t that something we can do as part of the design review under the – Borup: Well they need to have a sign permit and that’s all handled in a separate application anyway with staff on the signs. De Weerd: That’s my list. Thank you. Borup: That’s it? Okay, Commissioner Smith. Smith: That the name and 24 hour contact or representative of the Family Center be made available to the homeowners association. De Weerd: And adjacent property owners. Borup: Well – De Weerd: Not always. Borup: No, I agree with that but I don’t know maybe should be up to the homeowners association to get that to the property owners. (Inaudible) Smith: Yeah the management of the Family Center can’t keep with every – Rossman: Just give it to the homeowners association. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 86 De Weerd: Okay the homeowners association. Borup: Are you saying one contact or – Smith: Just the homeowners association. Borup: No, no, I meant for the stores or each individual store? De Weerd: No, one contact. Smith: I believe there was some testimony prior that there was going to be an on site manager of the development and that person should be available 24 hours a day I would think if something came up. And then there was testimony regarding the reflection of sound out of the area where the truck backed in with the walls that were surrounding and the noise funneling out and reflecting and at some future point in time that if there was noise mitigation steps that could be taken beyond just putting up a block wall so what I’d like to do is instead of requiring that sound attenuation be installed because it may not be necessary is that if the reflection of sound is above a specified DBA outside and this is where I don’t know what to say is outside a specified area and I don’t know if it’s against the property. If it’s right outside this little loading dock area or not that the developer be required to install sound attenuation to bring the DBA down to those levels recommended by the noise study done by Daly Standlee dated September 23rd . Borup: You discussed talking adding the sound block and the paneling and those aspects? Smith: He said sound blocks, perforated metal with sound insulation behind it. Borup: The other thing I just noticed on the design itself where that wall was proposed to be, the building jogs in so straight across from that is another building and another loading dock. Smith: Right and may create enough effect where it bounces back and forth in there it doesn’t drift out. But if it drifts outside of that area and that’s what I would like to – I don’t know what the proper location is where it’s too high. Whether it’s immediately outside that loading dock area or it’s at the property line, in the middle of the service drive. Borup: Well I think they took the other readings at the property line. Smith: Let’s say at the property line. Borup: So I didn’t get all that down. So you’re saying if the – MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 87 Smith: If the reflection of sound out of the loading dock areas is above the specified DBA referred to in the noise attenuation report by Daly Standlee dated September 23rd , 1998, that steps be taken to install sound attenuation which will bring the DBA down to the targeted levels noted in the noise study at the property line. Borup: I think the testimony was the DBA of 50 unless we want to clarify that and put a number in or just say as in the study. Smith: I think it went from 74 to – first he said 74 to 50 and then he said it was 55 and it lowered it three so it should be really 52. Borup: I think the way you said it the first time is the best as stated in the study. Smith: Yeah, then we don’t hang ourselves on a number that doesn’t mean anything. Borup: Okay. I’m going to let you repeat that later because I didn’t get all that down. Go ahead on your next one. Smith: I think Commissioner De Weerd covered all the other things I had on my list. Borup: Okay, and I think that covered everything on my list except for – and maybe someone can help me if the ACHD report mentioned the traffic calming aspect. We did not have a lot of time to review that tonight. De Weerd: Mr. Chairman – Durkin: I don’t know if it’s in that report because I haven’t read the one that was delivered today. But we’re on record with ACHD and it’s a matter that they would do the work and bill us versus the city, but we are on record. Borup: Oh, for that road. Okay. Durkin: We are on record last night with them. If traffic calming is necessary they can go ahead and do it and bill us. I really don’t know it is in the report, but that is a matter of record. Borup: So ACHD would be doing that anyway? Durkin: We don’t have the authority to go and put in – Borup: Public road. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 88 (Inaudible) Rossman: ..made a condition that they comply with ACHD. Borup: Yeah, we’ve already said that. And ACHD has made a strong commitment on that. They’re the ones that – that was discussed. Durkin: For the record here I commit again to that, but it’s not something that Meridian is going to do the work or we can do the work. It’s a county street and they go and do it. Borup: I think ACHD was real cognizant of the homeowners concerns there. Okay, that’s 12 items is what we’ve got here. Is there – Rossman: Just for the record, I’ve been notified that the specific provision of the Ada County Highway District report is on page 16 paragraph 35, referring to the traffic calming facilities. Borup: Okay it says to coordinate the design and placement with District staff which would be the highway district and the Crossroad Subdivision homeowners association so they are going to be coordinating that with the association. Commissioners is there – De Weerd: I would ask staff if there’s anything else. Borup: Yes and I was going to do that too. Freckleton: Mr. Chairman, members of the commission, maybe I missed something but maybe a point of clarification on what Byron was talking about. Tammy was talking about the mitigation the eight items in the mitigation on the report of the sound study that they were going to be incorporated and then I maybe confused on what Commissioner Smith was saying, but were you proposing that they not build the 18 foot high wall to enclose the dock unless the sound exceeds the levels? Smith: No, what I was saying was that if the sound reflectivity due to construction of this 20 foot wall or 18 foot wall on three sides that the sound reflects out and is above the noise decibels are referred to as the target what you are trying to get the sound down to at the property line that if they exceed that, then they go in and do sound attenuation installation to bring that down to the target DBA that they had identified in the noise study. Freckleton: Okay, thank you. I understand. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 89 Stiles: You did talk about the interior landscaping. I would like to work on that with Mr. Koga if that’s okay with the applicant. I don’t want it to be thought that the 150 feet I was referring to meant that if you have a tree and if there’s a tree anywhere within 150 feet of that, that would the requirement. That was not what I was referring to. I was talking about breaking up each row that is longer than 150 with landscaping of a minimum 6 foot width. De Weerd: Yes, that’s what my intent was. Stiles: Okay. Borup: And I think it was still they would coordinate that with staff and then come before us with a quick design review. Stiles: And the loop road is going to be incorporated in accordance with ACHD’s recommendations? De Weerd: Yes. Stiles: Are you going to see this plan again as part of just this design review because they are taking significant amount of right-of-way from Fairview and Eagle beyond what is shown on their plan that is going to reduce the number of parking spaces. I just want to make sure that this we get a final plan to look at. De Weerd: Yes, that was part of my motion with the design review. Smith: We didn’t have a motion. De Weerd: Well I mean that was part of the condition we’ve been talking about. Stiles: Okay. Borup: Other than I don’t know if we completely reached a decision on the frontage road as far as how far that would extend but we definitely agreed that there needs to be some there and whether it goes clear to the corner or not and I’m not sure the best way to get that information. Would you like that to someone to meet with you to discuss that or are you just saying do it period no matter what? Stiles: I guess either they’re going to have a loop road or they’re not going to have a loop road. I wouldn’t pretend to know – Borup: There’s presently a loop road. It’s just not very travelable. I mean it’s not practical to travel around it. So the road needs to come in. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 90 De Weerd: They showed us a concept; right? Stiles: This detail that was presented by Mr. Dobie. Borup: Well that’s just from a manual. Stiles: Well it’s a concept, but a concept similar to this would be incorporated as part of the plan. Borup: Okay he also testified he didn’t think it would accomplish anything to go clear to the corner. I don’t know if that’s something we agree with or not but – Stiles: But I thought the testimony was that they would incorporate that from Presidential Drive to Records Drive. Or to just short of Records Drive. Is that – Borup: No, that’s what ACHD recommended. That was in their testimony. Yes and clear around to Pine. De Weerd: Perhaps Mr. Durkin can answer that. Durkin: As a matter of fact our testimony tonight was that we didn’t feel it was safe and sound to have the road corner to corner. Pat testified tonight that he – it is his recommendation to do it in sections, but it wouldn’t necessarily come right out all the way to the corner. Otherwise it would be a race through. It would in links. (End of Tape) Borup: …that emptying and I’m not sure that was the terminology that that would be a benefit but the further you extend back the less of a benefit it would be. Durkin: Yeah, the closer it got up to the stores and to that other driveway the less benefit it would be. He’s going to do a redesign to tell me what’s safe and sound. Borup: Well and I don’t know, do you know whether ACHD did much study on that. Durkin: ACHD’s authority is not to go on site. Borup: Right, I mean – Durkin: So they justified that last night. Borup: Yes. Durkin: They talked about the ring road which – MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 91 Borup: That’s what I wondered. Did they do a traffic study on that or are they just going by – Durkin: Their traffic study was only off site. Smith: They are just making a recommendation. Durkin: They made a recommendation. Borup: That’s the same recommendation they made in 93. Durkin: It was – Borup: Then would it be practical maybe to see a traffic study on that interior? He’s going to be doing anyway. I think it definitely needs to be there to do the emptying and concern about customers crossing the roadway to get to the stores, I mean if all the cars go there, that’s where all the people are going to be crossing. I mean they don’t have any other choice. I guess I didn’t put a lot of weight on he’s saying he felt it was more dangerous to have it out there where because you are not going to have that many people crossing that road when it’s out away from the buildings. Because the parking is going to be as close a building as you can get it. The only time that you are even going to have people out there is on the busy seasons and that type of thing so you know those far ones aren’t going to get a lot of parking anyway I wouldn’t think. Okay. Have we got that done concise enough on that? I don’t think – can we just review the traffic study and leave it at that? Okay. De Weerd: Does that work with staff? Stiles: That’s great. De Weerd: Does that give you something to work with? Stiles: Yeah. Borup: Okay, Commissioners, is there anybody else you feel the need to ask anything from before we close this hearing? De Weerd: Mr. Chairman, no. Borup: Thank you. I’d like to close this public hearing at this time. Commissioners, I think as you know we – Smith: Mr. Chairman, -- MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 92 Borup: And maybe all of us can help, yeah, I’ve got the 12 items written down and you may need some help on reviewing them. Smith: Mr. Chairman, I’d like to make a motion that we direct the attorney to prepare Findings of Fact and Conclusions of Law on this application, incorporating the conditions to be stated as read by beginning with Commissioner Borup. Borup: And Counsel would that help for you if we ran through those one more time right now? Rossman: They’re in the record. If your motion is to recommend approval of the conditional use permit with the conditions stated during the discussion that immediately preceded the motion, that’s sufficient to prepare Findings of Fact and Conclusions of Law. We don’t need to restate it. Smith: And so do I need to amend my motion and restate it to say such? Rossman: That’s fine. There was a little bit of ambiguity in some of those conditions so if you feel better restating them, go ahead. Smith: That’s why I thought we needed to restate them. Rossman: Yeah, go ahead. Borup: I think we can do that real quickly. Smith: I made my motion. Commissioner Borup restate those 12 items. Borup: And both commissioners if there’s something need to add here because I did write abbreviated. That there be six foot wide minimum planting islands in the parking lot. Number 2 and you did not mention six feet by – have you got a direction the other way, 6 by 6 minimum? Or – De Weerd: No we were looking at taking the parking length. Borup: The whole parking 6 by 19 or whatever the parking. De Weerd: Yes. Borup: I think 19. Rossman: Restate that condition please. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 93 Borup: I am going to reread that. Okay, number one that there be – Smith: I would like to give them an opportunity to stagger them. Instead of having one strip maybe they can stagger them. Give Mr. Koga a chance to use some – he spent a lot of money getting his degree and license and so let’s let him do what he’s good at. Borup: I think rather than having it six by 38, you could have two six by 19’s spread apart. Is that a concern? Stiles: Can we just work on that together on that? De Weerd: Yeah, I just think that the width needs to be – Stiles: Minimum six foot width wherever they occur. Smith: Minimum six by 19. De Weerd: Minimum six foot width. Borup: Okay, number one minimum six by 19 width planting islands to be design by a landscape architect and approved by staff and eventually design review by P & Z Commission. Number two, that generally the design incorporate the 150 foot break up of those islands on the parking strips. De Weerd: The rows. Borup: The rows, generally to 150 foot break up on the rows. Number three, that there’s a 20 foot berm on the perimeter on Eagle and Fairview. De Weerd: Not including sidewalks. Borup: Not including the sidewalks. The sidewalk would be either in ACHD right–of-way or the berm increased to include that. Number four, that they obtain landscaping permit from I.T.D. to do landscaping in the right-of-way. Number five, that there be a 20 foot buffer on the project bordering the residential that this 20 foot buffer include a three foot berm with staggered trees as designed by landscape architect and a block wall located on the property line next to the wooden fence unless decided otherwise by the homeowners association this – well that’s all I need to say there. Number six design review – Smith: What’s certain on that though. Borup: They said yes provide it to us by October 13th . MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 94 Rossman: And what size block wall? Borup: Six foot. Rossman: October 13. Borup: Commissioners do we need to review that prior to – I guess by that date would be enough time on something like that wouldn’t it? Or do we want the Friday before? Smith: That’s just a letter. Borup: Right. That’s what I was saying that should be enough time. Okay number six is that we have design review of the buildings, landscaping, parking lot design etc. on any development of this project present and future development. Number 7 I incorporated in number five when I stuck the wall on the property line. That was number seven so maybe I’ll renumber those. New number seven that the noise items 1-8 and the noise mitigation summary of findings be included and that in item number 4 and 5 that the or preceding the wall barriers be changed to and. Number eight that the ACHD findings be incorporated. Their site specific findings and the three recommendations to the City of Meridian be included. Number 9 lighting, signage, sweeping, loading hours, as testified and agreed on by the applicant be included in this condition. Number 10 that the name of the shopping center contact person be supplied to the home owners association and number 11 Commissioner Smith, I think you got that written down. Smith: That if the reflection of sound outside the loading dock area at the property line exceeds the targeted decibels noted in the noise study by Daly Standlee dated September 23, 1998 that sound attenuation be installed in the loading dock areas to bring the DBA at the property line within those targeted referenced numbers. Borup: Thank you and I believe that concludes the now 11 conditions. De Weerd: Second. I second that. Borup: Motion has been made and second. All in favor. MOTION CARRIED: All ayes. Smith: Mr. Chairman I’d like to make a motion that we adjourn. De Weerd: Second. MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING September 24, 1998 Page 95 Borup: Meeting adjourned. I would like to say and I meant to do that before we and most of the neighbors are gone, but we appreciate the input from the neighborhood. I hope you realize that we did not take this lightly. If we did it wouldn’t have lasted four meetings. And it may not be all what everybody wanted, but I hope they realize that what you’ve got here and you can find that out by looking around is more than any other shopping center in this valley has. Smith: Mr. Chairman maybe you could just inform these folks that aren’t aware of the process what the next step is and what their future opportunity is to – Borup: The next step is – this is the last public hearing. At the next meeting, we’ll be reviewing the Findings of Fact and Conclusions of Law. That’s when we’ll be voting on that. The approval has not been granted. That would possibly come next week and after that it goes to city council for them to vote on. So there’s a couple more months. MEETING ADJOURNED AT 11:57 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED: _____________________________________ MALCOLM MACCOY, CHAIRMAN ATTEST: _____________________________________ WILLIAM G. BERG, JR., CITY CLERK